Features
Combating Counterfeiting
Online counterfeit sellers are increasingly more sophisticated and are engaging in social media counterfeiting to exploit social media tools to bolster their sales of counterfeit products online.
Features
Cariou, Viacom Copyright Suits Settlements
March 2014 turned out to be a big month for copyright litigation settlements. They all came without warning, but two seemed to make a lot of sense.
Features
Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case
<i>Aereo</i>may turn out to be one of the most important copyright decisions since enactment of the Copyright Act of 1976, with potential wide-ranging ramifications for the television industry and the fast-growing cloud computing industry.
Features
Privacy and Ethics For Social Media In Investigations
It begins with a name ' perhaps an employee alleged to have been involved in misconduct or a suspected whistleblower. Regardless of the origin of identity, if the person is relevant to a company's internal investigation, whatever information that can be provided is power for the company, the power to make informed decisions.
Features
Statistical Sampling
The focus on proportionality in high-profile cases such as <i>Apple v. Samsung</i>, coupled with the recent proposed amendments to the Federal Rules of Civil Procedure are driving attorneys to reevaluate the methods by which they uncover crucial electronic evidence for a case.
Features
Collaborating in The Cloud
One of the great advantages of working with files in a cloud drive is sharing documents with other reviewers/authors in real time. Real time is the actual time during which reviewers are making changes to the document. This can be accomplished with all reviewers working in a Web App.
Features
We Need to Cut a New Deal on Communications Privacy
It is (high) time to rewrite and modernize the law that regulates access to our private communications and to the detailed information those communications automatically create.
Features
Content Owners' Pursuit of Secondary Infringement Claims
Secondary liability can be imposed on an ISP or distributor of a product used to commit infringement based upon claims of contributory infringement, inducement infringement or vicarious infringement. The contributory and inducement claims both focus on a defendant's contribution to the infringement and require that the defendant knows that direct infringement is occurring. These related claims, which provide independent ways to attack secondary infringement, differ in important respects.
Features
Pushing the Technology Envelope in and Out of the Courtroom
Technological advancements have dramatically improved the speed, capabilities and, in most cases, the cost-effectiveness in which deposition, discovery and pre-trial services are provided. Companies that have embraced the latest developments in jury research and selection technology ' particularly social media monitoring tools ' are best situated to thrive in the current environment.
Columns & Departments
IP News
Supreme Court Overturns Burden-Shift in Non-Infringement Judgment <br>Federal Circuit Clarifies Rules for Patent Term Extension<br>Federal Circuit Confirms That All Members of a Priority Chain Must Recite Full Lineage
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›