Market-Based MAC and Termination Fee Clauses on the Rise, But Subject to Pitfalls

The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

As quantum machines become more powerful, today’s uncrackable encryption schemes may become trivial to break. Opinions vary as to how soon that moment, so-called “Q Day,” will arrive, but the threat is real.

How do you communicate when you know the harm before you know its cause? For law firms, it comes up both when advising a client and when explaining an incident of their own.