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Features

Combating Counterfeiting Image

Combating Counterfeiting

Camille M. Miller, Elizabeth Lai Featherman

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 Image

Cariou, Viacom Copyright Suits Settlements

Jan Wolfe

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 Image

Supreme Court Grants <i>Cert</i> in <i>Aereo</i> Case

J. Alexander Lawrence, David S. Brown

<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 Image

Privacy and Ethics For Social Media In Investigations

William Michael Jr. & Laura Hammargren

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 Image

Statistical Sampling

Howard Edson & Dean Gaida

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 Image

Collaborating in The Cloud

Sue Hughes

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 Image

We Need to Cut a New Deal on Communications Privacy

David R. Johnson

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 Image

Content Owners' Pursuit of Secondary Infringement Claims

Alan R. Friedman

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 Image

Pushing the Technology Envelope in and Out of the Courtroom

Peter Hecht

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 Image

IP News

Howard J. Shire & Wyatt Delfino

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

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MOST POPULAR STORIES

  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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