Features
<b><i>Online Extra</b></i> LinkedIn Reaches Deal in Privacy Litigation
A security breach that opened more than 6 million passwords to online viewing and spawned a putative class action will cost LinkedIn Corp. $1.25 million to settle.
Features
<b><i>Online Extra</b></i> $123 Million 'Revenge Porn' Suit Filed Against Facebook
A Houston woman filed a $123 million 'revenge porn' lawsuit against Facebook Inc. and a former 'friend,' alleging that the ex-friend launched an objectionable 'imposter' Facebook site under her name and that Facebook took months to deactivate the site, despite her repeated requests.
Features
Protecting the IP in Social Media
How much would your company pay for a "like" on Facebook?
Features
<i>Aereo</i> Analysis: What Does the U.S. Sup. Ct.'s Ruling Mean?
In June, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.
Features
If You're Not on Facebook, You're Committing Malpractice
Imagine you're cross-examining a witness about a phone call, but you've never used a telephone before. Ridiculous, right? But is it any different than wading into a new client matter where social media communications are at issue without having ever used social media?
Features
Phila. Bar Association Issues Guidelines on Social Media Use
A recent Philadelphia Bar Association ethics opinion detailing how lawyers may instruct their clients on the use of social media provides greater clarity to lawyers caught in the middle of a constantly "evolving" digital landscape, some attorneys said.
Features
New Capabilities Allow More TAR Use In e-Discovery Tasks
Recent advances in technology assisted review (what I call "TAR 2.0") include the ability to deal with low richness, rolling collections, and flexible inputs in addition to vast improvements in speed. These improvements now allow TAR to be used effectively in many more discovery workflows than its traditional "TAR 1.0" use in classifying large numbers of documents for production.
Features
Adopting Information Governance in Small and Midsized Firms
The law firm records management industry has been evolving to an information governance framework. The records function within the firm has traditionally been more of a back-end function, with the idea that everything was created in paper, made into an official record, indexed and hopefully regulated by retention schedules.
Features
Is It a 'Cyberattack' or a 'Data-Breach Incident'?
This article goes beyond the nuts and bolts of how to respond to a data-breach incident, and offers some lessons learned from the frontlines of the cybersecurity war to help companies successfully navigate the legal and public-relations minefield that ensues.
Features
Supreme Court Rules Against Aereo
In <i>ABC v. Aereo</i>, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›