Features
Accidental Access, 'Catfishing' and Unsecured Wi-Fi
The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.
Features
Recent Issues in Cybersquatting Disputes
There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.
Features
Spotlight on 3D Printing: Intellectual Property
3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.
Features
Maddeningly Mismated Matches
In paired opinions rendered the same day by the same judge, the Ninth Circuit reached seemingly directly contrary conclusions in virtually identical cases concerning the balancing of intellectual property rights and First Amendment interests.
Features
FACE Act Introduced
The Forbidding Advertisement Through Child Exploitation Act (FACE Act) of 2013 was introduced in Congress on July 10, 2013 by U.S. Congressman John J. Duncan, Jr. (R-N) to help protect the personal privacy of children and teens.
Features
Forensic and e-Discovery Tools to Help Win Your Case
Winning or losing your client's case often rests on your ability to prove facts that support your client's position. Subject-matter expert witnesses play a prominent role in interpreting the facts available to them and helping the trier of fact reach a conclusion on the meaning of such information. Forensic and e-discovery experts are no different than any other experts in that their opinions can only be as solid as the information they can find and analyze.
Features
FTC Warns Big Data Companies on Consumer Privacy
Federal Trade Commission Chairwoman Edith Ramirez last month issued a stern warning to U.S. companies that house vast amounts of consumers' personal data: Watch out.
Features
Open Source Code Attribution in a Remix World
The landscape of software development and distribution is changing. Traditionally a closed-off proprietary process, developers and businesses alike are quickly realizing the many advantages that flow from the adoption of a more collaborative open source approach.
Features
Your Business: Someone Online Hates You
As word of mouth moves online, lawyers occupy the same place today that hotels were in a decade ago: just starting to face the prospect of widespread use of online user reviews, and concerned that such reviews will crater their businesses. The following 10 tips will put these concerns into context and explore which methods of responding to negative feedback are effective and ethical and which ones aren't.
Features
e-Mail Troll Hushed
A federal judge recently ruled that an Internet service provider is barred from pursuing claims for alleged violations of the California and Maryland anti-spam statutes because it existed primarily and substantially to collect e-mails it believed to be spam and sue over it, and because it consented to receive the e-mails over which it sues.
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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 ›