The NIST Cybersecurity Framework: Four Takeaways For The Energy Industry
On February 12, 2014, the Commerce Department’s National Institute of Standards and Technology (NIST) released its “Framework for Improving Critical Infrastructure Cybersecurity” (the “Framework”)....
View ArticleFood and Hospitality Bites
In This Issue: - LANDLORDS AND LICENSED PREMISES - THE DEVELOPMENT OF THE LATE NIGHT LEVY - THE NEW FOOD INFORMATION REGULATIONS - “PARNUTS” – NEW RULES FOR FOOD FOR PARTICULAR NUTRITIONAL USES - THE...
View ArticleImplied License Limited to Continuation Applications, Not to Provisionals
Endo Pharmaceuticals Inc. v. Actavis, Inc. - Addressing the issue of implied license, the U.S. Court of Appeals for the Federal Circuit vacated and remanded a lower court’s denial of a preliminary...
View ArticleA “Dirty” Lawsuit: How a Sex Scandal Could Impact Online Defamation Law
A former high school teacher and NFL cheerleader sleeps with her student. She faces widespread scorn, including scathing Internet comments. Despite the scorn, she becomes engaged to the student....By:...
View ArticlePlugging the Leak: Guidelines for a Data Breach Response Plan
Though data breaches have been on the forefront of many large company’s risk management efforts for a number of years, it has become clear that the threat of a data breach is very real and touches on...
View ArticleCan you bequeath your iTunes playlist?
Estate-planning is surely far from the minds of the majority of us when we log into iTunes to buy a copy of the latest catchy song from the radio. While we accumulate ever-larger collections of digital...
View ArticleEndo Pharms. Inc. v. Actavis, Inc. (Fed Cir)
Case Name: Endo Pharms. Inc. v. Actavis, Inc., Nos. 2013-1658, -1662, 2014 U.S. App. LEXIS 5879 (Fed. Cir. Mar. 31, 2014) (Circuit Judges Newman, Dyk, and Moore presiding; Opinion by Moore, J.;...
View ArticleVirtual Currency & IRS Reality
The Internal Revenue Service recently issued Notice 2014-21 to provide guidance for the tax treatment of virtual currency, such as Bitcoin. In the Notice, the IRS describes how existing general tax...
View ArticleFirst Circuit Rules on Scope of FCA First-to-File Rule in U.S. v. Bristol...
The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not...
View ArticleHelp Them Help You: Partnering With U.S. Customs And Border Protection To...
Given rapid advances in manufacturing technology and online commerce, counterfeiting has become a serious problem across virtually all business sectors. Despite brand owners’ best efforts,...
View Article“Like” It Or Not—It May Not Matter
Recently, a magistrate judge in the Northern District of California confirmed what many already believed: that information disclosed to third parties without appropriate consent or pursuant to a...
View ArticleWrap-up of International Chemical Regulatory Developments - May 2014
Australia Publishes Eighth Tranche Of IMAP Assessments: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) published for public comment the eighth tranche of human health and...
View ArticleCyber Risks for the Boardroom Part 3: Top Questions Directors Should be...
Our series “Cyber Risks – Director Liability and Potential Gaps in D&O Coverage” continues – Part 3 of 5: Top Questions Directors Should Be Asking About D&O Coverage Directors never want to be...
View ArticleJournalism still struggling with an Internet that never forgets
When an editor or news director selects a story as newsworthy and appropriate for publication at a particular place and time, should that story remain readily accessible at all times and in all...
View ArticleNonprofits and Celebrity Endorsements: Common Legal Pitfalls and Practical Tips
What Is a Celebrity Endorsement? For a nonprofit organization, increasing awareness and support is often difficult because of the sheer number of nonprofits competing for funding, often many in the...
View ArticleThe New USPTO Patent Eligibility Rejections Under Section 101
Well, it’s happening. Office Actions with new patent eligibility rejections based on the USPTO’s March 4, 2014 Guidance are being mailed out to patent practitioners across the nation. While some new...
View ArticleHeartbleed: It’s 10 PM; Do You Know Where Your Data is?
The Heartbleed vulnerability is, by now, an item about which we have all assuredly heard a lot. To get caught up on your reading on the technology aspects of this issue, see the linked articles I have...
View ArticleBroker-Dealers and Investment Advisers Now Targeted by Both Cyber Intruders...
Cybersecurity has increasingly become a critical issue for all types of businesses, few more so than broker-dealers, investment advisers and others in the financial sector. The cyber threat is much...
View ArticleCyber Risks And The Impact On Company Directors
A series of high profile data breach incidents have brought into spotlight the increasing regularity and number of incidents, the significant costs associated with such incidents and the potential...
View ArticleFunctional Language in Claiming: Configured to, and Operable to
Functional language is often employed in claims in order to obtain a broader claim than one that recites purely structural limitations. The premise for this is that there is more than one way to...
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