Features
European Data Protection Supervisor Suggests Path After Parliament Dismisses Privacy Shield Draft
On May 26, coming less than two months after the Article 29 Working Party rebuke of the Privacy Shield, the EU parliament voted 501 to 119 on a resolution calling for negotiations on the agreement to continue. Its criticisms of the text echoed that of the Working Party, namely the Privacy Shield's insufficiency in dealing with U.S. mass surveillance, protecting EU individual data rights and protections, and effectively enforcing its regulations.
Features
Lender Beware: Ignore Suspicious Activity at Your Own Peril
Recently, the Seventh Circuit held that a lender who should have discovered that its borrower lacked authority to pledge assets is not protected by a good-faith defense to a fraudulent transfer action. Without this defense, the lender lost its security. Should the priority of the lender's claim should be further reduced through equitable subordination?
Features
DC Circuit Upholds FCC Net Neutrality Rules
A federal appeals court in Washington on June 14 upheld expansive federal regulations that require broadband internet providers to treat Internet traffic equally regardless of its source.
Features
Federal Circuit Applies a Reasonableness Standard to the Knowledge of Infringement Prong
The Federal Circuit decision in Medtronic highlights the tension faced by alleged patent infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.
Features
<b><i>Online Extra:</b></i> Page and Plant's Win in 'Stairway to Heaven' Case Seen as Bolstering Songwriters' Creative Rights
June 23's verdict for Led Zeppelin in the copyright trial over the 1971 hit song 'Stairway to Heaven' reaffirms the creative rights of songwriters while demonstrating the difficulties in pursuing infringement over sheet music, according to legal experts following the case.
Features
Traits of Future Equity Partners
In the last 10 years, I have coached hundreds of attorneys as an internal career coach at Holland & Knight. Some of those associates left law entirely and are now writing novels, playing professional baseball, and flying airplanes. Others have gone in-house or to work for the government. Many of the associates have become non-equity partners, and some are equity partners. Here are some things I have learned about the ones who aim for partnership in a large firm.
Features
New Federal Legislation On Trade Secrets
After years of discussion, Congress recently enacted federal legislation establishing a private right of action for misappropriation of trade secrets, vesting the federal courts with original jurisdiction over the litigation of such claims. After signaling his support for some time, the President signed the bill into law May 11.
Features
Update on Legal Issues in Resales of Event Tickets
Ticketing policies for sporting and other events have been receiving increased attention in both the media and legal spheres.
Features
New USPTO Rules for Post-Grant Trials
New changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) went into effect on May 2, 2016, after much public comment and gnashing of teeth. Among the plethora of rule changes that were announced, two in particular stand out as most substantive for both patent owners and their challengers.
Features
Fundamental Issues In U.S. Taxation of Foreign Entertainers and Athletes
The United States taxes its citizens and resident aliens on their worldwide income; nonresident aliens are taxed on their U.S. source income and income that is effectively connected with a trade or business in the U.S. These seemingly simple terms have spawned volumes of regulations, rulings, cases and articles, the essence of all of which is to determine who is subject to tax in the U.S., and on what. This article introduces the U.S. federal income tax issues.
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