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Transmission Claims Under the Computer Fraud and Abuse Act
Given the allure of robust remedies in federal court, companies routinely plead CFAA unauthorized access claims ' in addition to state law causes of action for misappropriation and breach of contract ' against former employees who seek a competitive edge through the use of information misappropriated from their former employer's computer network.
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CA Ruling Backs e-Tailers
The California Supreme Court ruled 4-3 on Feb. 4 that the Legislature never intended to apply the Song-Beverly Credit Card Act of 1971 to e-commerce, meaning that retailers can take addresses and telephone numbers when conducting remote credit card transactions.
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The Role of Supplemental Examination
Considering the provisions of supplemental examination and its contrasts with <i>ex parte</i> re-examination can help practitioners decide whether supplemental examination may benefit a particular patent.
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Cybersecurity Report Spotlights Risks to U.S. Business from China
Mandiant, a Virginia-based cybersecurity firm, gave America a wake-up slap across the face last month by detailing how Chinese military hackers are infiltrating U.S. companies. And on Feb. 20, President Barack Obama's administration responded by announcing a broad plan to fight the cyber theft of trade secrets that included diplomatic pressure to discourage it.
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Patentable Software: Will We Know It When We See It?
As the pressure mounts and public concern rises, we await further clarification, by Supreme Court or congressional action, as to whether software is patent eligible. In the meantime, patent applicants should hedge against any potential outcome by drafting applications having claim sets that attempt to comply with future adoptable patent eligibility tests.
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Pressure Points: How to Move Forward Successfully with Technology Leasing
With the possibility of limited capital expenditures, financing technological advances will certainly be a way to stay within budget constraints and allow firms to continue investing in the latest and greatest technological trends. Leasing is one financing option that a firm can use to cut the out of pocket costs for technology upgrades and still be able to implement new projects by providing a monthly expense versus a total cost purchase.
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Smart Design Accommodates the Smartphone and Tablet User
We know that clients ' and potential clients ' are using mobile devices to view law firm websites. But do you know how each format can alter your site's appearance ' and how to maximize users' experience, no matter what device they're using?
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Factors in Assessing Statutory Damages for Digital Copyright Infringement
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
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FTC Closes Google Inquiry
The FTC closed its inquiry, requiring Google to license patents that are essential to the interoperability of electronic devices but securing minimal agreements on what many viewed as the heart of the case: Google's dominance in the search market.
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Devices, Tablets and Breaking Traditions
The Internet has changed immensely since its creation. What was once only accessible through a dial-up modem on a large desktop computer is now available wirelessly with the touch of a finger. Smartphones, tablets, e-readers and gaming systems have all entered the mix as the next generation of computers, and they have transformed our online experiences in a multitude of ways. As the number of mobile Internet-connected devices continues to increase, so will the traffic they generate to law firm websites.
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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 ›
- 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 ›
- What Does 2024 Hold for Cybersecurity?Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.Read More ›