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Regulation

  • The European Commission's (EU) recent decision to file antitrust claims against six major U.S. film studios is an aggressive approach at dismantling how Hollywood does business. Even so, it comes as little surprise to antitrust experts given the regulatory agency's push to unify consumer access to digital products in the European Union.

    September 02, 2015Amanda Bronstad
  • In a release this summer, the FTC announced it had brought and settled its first case involving crowd-funding. The defendant raised more than $122,000 through Kickstarter to produce a Monopoly-like board game geared toward H.P. Lovecraft fans. According to the FTC's complaint, defendant used the Kickstarter proceeds to pay for personal expenses, including his move to Oregon. The settlement order should serve as a reminder that strong legal remedies at both the state and federal level are available to defrauded contributors.

    September 02, 2015Thomas D. Selz
  • Versata Development Group v. SAP America was a closely watched case since it was the first appeal to the Federal Circuit of a Covered Business Methods review by the PTAB under Section 18 of the America Invents Act. This article addresses the court's reasoning regarding the definitions of a covered business method patent, and how that reasoning is at odds with norms of statutory construction, technological innovation, and claim drafting.

    September 02, 2015Robert R. Sachs
  • On June 18, 2015, SEC Commissioner Daniel Gallagher wrote in a statement placed on the SEC website that the SEC was sending a "troubling message": Chief compliance officers (CCOs) should not take ownership of their firms' compliance policies and procedures, lest they be held accountable for conduct that is not really their responsibility.

    September 02, 2015H. David Kotz
  • The electronic format that electronically stored information is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.

    September 02, 2015Helen Geib
  • The reality of workers' compensation life is that "bias" is rampant in the system ' especially when it comes to medical proof presented in litigated matters. This inherent bias should be scrutinized in full context.

    September 02, 2015Andrew E. Greenberg
  • In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.

    September 02, 2015Manuel Garcia-Linares and George L. Metcalfe, Jr.
  • Each day, attorneys create and handle documents that require strict confidentiality to avoid loss of evidentiary privileges. In today's digital workplace, many of these files are exchanged via e-mail. While e-mail allows for convenience, speed and portability, each attorney using e-mail must ask before sending: "Am I putting my client's confidentiality needs and expectations, as well as my ethical obligations, at risk?"

    September 02, 2015William O'Brien
  • Online impersonation is defined in the New York Code provisions that prohibit the practice, as the act of impersonating another "under an assumed character with intent to obtain a benefit or to injure or defraud another." The foremost case brought under this law, People v. Golb, in many ways epitomizes the bizarre and highly esoteric reasons why someone chooses to impersonate another in the first place.

    September 02, 2015Richard Raysman and Peter Brown