Potential Criminal and Civil Penalties of Digital Asset Exchanges
January 01, 2022
This article discusses the potential criminal and civil penalties that companies can face if their employees engage in insider trading in digital assets, and suggests several measures that exchanges can take to reduce their exposure from such risks.
Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement
January 01, 2022
The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.
Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue
December 01, 2021
How does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.
Procuring Talent Through 'Acquihire' Agreements
October 01, 2021
The gold in the gold rush in tech M&A is talent to develop and integrate artificial intelligence technology. Faced with a shortage in skilled employees, buyers are using "acquihires," a discreet M&A strategy that oftentimes flies under the news radar, to bolster AI benches.
Eighth Circuit Permits Recovery for 'Initial-Interest Confusion' In Trademark Cases
October 01, 2021
The likelihood of confusion analysis is often focused on confusion at the time of purchase, but the U.S. Court of Appeals for the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth and Federal Circuits permit mark holders to allege infringement based on presale, initial-interest confusion. Earlier this year, the Eighth Circuit joined the majority of circuits in permitting recovery for initial-interest confusion in certain circumstances.
IP News
October 01, 2021
Nike Seeks $150 Million In Sanctions from Six Chinese Banks, and Loses
Biometric Law Litigation Expands Beyond Social Media
September 01, 2021
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.