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Decisions of Note
December 27, 2012
Suit over Santa Song Filed in Wrong Court<br>$320M Affirmance in Millionaire Case
Analysis of Appeals Courts' Views on File Sharer Damages
December 27, 2012
In 2012, the U.S. Court of Appeals for the Eighth Circuit issued what was only the second federal appellate ruling on statutory damages against an infringing file sharer. The Eighth Circuit reinstated statutory damages of more than $220,000 against a woman who illegally file-shared two dozen songs, finding the damages to be constitutional.
Video Privacy Law and Online Services
December 27, 2012
The Video Privacy Protection Act has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet. The VPPA, which generally prohibits video service providers from releasing personally identifiable information without written consent, has become a relevant concern for modern media providers because such services are now typically linked to social media sites that allow users to share viewing habits, something that was not possible 20 years ago.
Factors in Assessing Statutory Damages for Digital Copyright Infringement
December 27, 2012
A recent federal district court award of $6.6 million in statutory damages to music publishers for the unlicensed use of song lyrics by the website LiveUniverse and its operator was hailed as the first of its type for owners of song lyrics, and thus a significant milestone for content owners in the digital era.
When Discovery Clashes with Privacy Law
December 26, 2012
Businesses that want to use data analytics and comply with privacy rules have an additional burden when the data in question become or could become part of discoverable information in litigation. Then, businesses must make choices about how to handle PII data, which of it to produce and the justifications to support those decisions. Balancing these data-driven issues requires an understanding of the ever evolving landscape of each competing concern.
Insurance Coverage for Data Breach Claims
December 26, 2012
This article examines insurance coverage for data breaches. Counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies. Any time a potential data breach occurs, it is essential for an insured to consider all forms of insurance that it carries and to provide prompt notice to its insurer(s) of any policy that even potentially could apply.
An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
December 26, 2012
This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
Key Insurance Coverage Considerations in the Wake of Superstorm Sandy
December 11, 2012
Businesses that have suffered losses because of Superstorm Sandy may have substantial financial protection through their insurance policies. This article provides the ABC's of maximizing coverage.
Understanding Partners' Capital Accounts
December 11, 2012
Law firm management should ensure that partners and senior associates (potential partners) understand the basic concepts pertaining to partners' capital accounts.
Trademarking Athletes' Names and Slogans
November 29, 2012
If recent trends are any indication, athlete-related trademarking activity promises to keep increasing.

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