General Counsel and In House Counsel

The more we understand about how data breach incidents originate and propagate, the more likely we are to shift focus from outsider hackers to insider (employee) threats. Insider threats can be malicious, but often they are accidental.

Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.

In 2016, numerous businesses fell victim to a surge of phishing scams involving W-2 forms. In response, the IRS sent a broad consumer alert regarding these schemes after seeing an approximate 400% surge in phishing and malware attacks during the 2016 season. As the tax filing season ramps up for 2017, we have already seen a number of successful attempts to obtain W-2 forms from unsuspecting employees.

High-profile breaches have encouraged many businesses to proactively assess their cyber liabilities, and implement prevention and response plans. Fortunately, there are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.

This article discusses the initial impact of FinTechs and resulting opportunities and challenges, including strategies for recovering non-performing loans and leases within the fast-paced FinTech business model.

Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, Lee v. Tam, focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.

Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.

The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.