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Features

The DTSA's Jurisdictional Nexus, Three Years In Image

The DTSA's Jurisdictional Nexus, Three Years In

Conor Tucker

The Defend Trade Secrets Act (DTSA) requires pleading a connection between a trade secret, a product or service, and interstate commerce. But failure to prove such a connection divests the district court of subject matter jurisdiction. This article summarizes the first three years of cases discussing the jurisdictional element and explores implications.

Features

Implications of GDPR & CCPA on Public Records Image

Implications of GDPR & CCPA on Public Records

Jeff Cox

This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.

Features

Commercial Rent Control in New York: Back Again? Image

Commercial Rent Control in New York: Back Again?

David B. Saxe & Brett Dockwell

As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

Features

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy Image

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy

Jonathan B. New & Elias D. Trahanas

Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.

Features

Sticking a Hand in the Internet Cookie Jar Image

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar & Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…

Features

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise Image

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

Columns & Departments

In the Courts Image

In the Courts

Dennis Mahoney

Fifth Circuit Reverses Ponzi Funds Ruling

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Dennis Mahoney

Head of International NGO Convicted of Bribery, Money Laundering Crimes

Features

Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say Image

Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say

Dan Clark

For Years, Federal Legislators Have Attempted to Pass Comprehensive Cybersecurity and Data Privacy Legislation. With More Support Than Ever from the Public, Industry and Both Sides of the Political Spectrum, 2019 May Be the Year When Such Legislation Is Enacted.

Features

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity Image

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Susan M. Gerber & A. Patricia Campbell

Part One of a Two-Part Article Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

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