Features
Less Is More in Database Discovery
In legal discovery, it is not uncommon to see production requests for a copy of an entire database instead of requests for targeted, relevant information. Is this the best path to follow?
Features
Hostile Use of 'Friend' Request Puts Lawyers in Ethics Trouble
Two New Jersey defense lawyers have been hit with ethics charges for having used Facebook in an unfriendly fashion.
Features
Eighth Circuit Ends Thomas-Rasset File-Sharing Fight
The U.S. Court of Appeals for the Eighth Circuit has reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Features
A Wireless Practice
In a world driven by technology yet somehow tied down by the fear of change, I found myself committed to making Miller, Kagan, Rodriguez & Silver (MKRS) stand out as a productive mobile practice ' one that could reap all the benefits of technology but maintain camaraderie, efficiency and productivity.
Features
The Litigation Data Avalanche: Time to Move To the Cloud?
For many firms, the time has come to ask a similar question about litigation data that they asked about the mailroom: Should we step up our infrastructure investments to host all of our own software tools and client matter files, or should we explore alternative options for outsourcing this crucial function?
Features
Potential New Barrier to Verdicts of Willful Infringement?
The question of whether a defendant had willfully infringed a patent has typically been decided by a jury. However, under <i>Bard Peripheral Vascular, Inc. v. W.L. Gore & Assoc.,</i> a judge may now have the exclusive role of determining whether a jury is entitled to decide this question.
Features
The IP Exclusion: The Elephant in the Room
So-called Intellectual Property exclusions in commercial general liability ("GL") insurance policies have received relatively little attention from the courts. However, the ubiquity of new advertising technologies, recent appellate decisions confirming GL "personal and advertising injury" coverage for patent claims, and new claims that policyholders are facing for alleged electronic invasions of privacy may well turn the IP exclusion into the proverbial "elephant in the room.
Features
Overcoming Barriers to Technology-Assisted Review
Recent matters have pushed the topic of technology assisted review (TAR) into the judicial limelight, generating much discussion ' and confusion ' in the legal community.
Features
Social Media
When used in a conscious and planned manner, social networking sites can offer a number of benefits to the firm as well as individual attorneys and staff.
Features
The Importance of Self-Regulation In Improving Digital Privacy
The National Association of Attorneys General (NAAG) has made digital privacy and online children's safety the center of its 2012-13 agenda, as the new NAAG president, Maryland attorney general Douglas Gansler, made clear in a statement in June, in announcing the "Privacy in the Digital Age" initiative.
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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 ›