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In recent years, the importance of strategic archiving has intensified amid increasing demands to better control data growth and infrastructure costs, while reducing risks associated with corporate, legal or regulatory compliance. As legal teams and other corporate stakeholders strive to decrease the cost and complexity of responding to the growing volume of e-discovery and governance requests, archiving continues to gain prominence as a critical corporate IT priority.
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Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
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Government "hold" letters and subpoenas in white-collar investigations seek the preservation or production of "backup tapes." Some prosecutors and agents may not understand what production and use actually entail.
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When the Ninth Circuit denied Cameron and Tyler Winklevoss and Divya Narendra's request to have their settlement with Facebook overturned last month, it made headlines, most likely due to the depiction of the legal battle in the Academy Award-nominated film, <i>The Social Network</i>. But despite being told by the court to be happy with the "quite favorable" settlement amount, the attorney leading the fight isn't ready to give up.
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The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
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In the legal world, the role of social media has become more prevalent in the last five years. Attorneys and their clients are grappling with how this emerging technology will affect their cases.
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The following tools are some of the latest to cross our radar ' and the author has found them to be remarkably useful.
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Social media has come crashing into the courtroom. And along with this newer form of evidence come questions about how to best collect, preserve and use it.
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What's at issue is control, obviously, and the great lengths to which some will go to maintain, it even as they benefit from the wide-open, free-flowing viral information torrent of the Internet. These copyright acquisitions are not primarily motivated by the desire to exploit the works and make money, but rather by the desire to stop the public circulation of texts and images the new owners do not like.
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Remember U.S. Supreme Court justice Potter Stewart's famous line about hardcore pornography? Stewart said it was tough to define, "but I know it when I see it." The quip came to mind after a ruling last month by the U.S Court of Appeals for the Ninth Circuit in a trademark infringement case involving Internet advertising keywords. In essence, the Ninth Circuit concluded that there's no strict standard for determining infringement in the Internet age, so judges have to know it when they see it.