Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
January 01, 2023
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
Can Consumer Products Be 'Expressive Works'?
December 01, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.
IP News
December 01, 2022
Trademarks and Free Expression In the Ninth Circuit
Insider Trading Evolving Beyond Just Securities As DOJ Targets NFTS and Crypto
December 01, 2022
In two recent notable cases involving NFTs and cryptocurrency markets, the DOJ has brought insider trading charges under the wire fraud statute without claiming that any securities were involved. These cases demonstrate the substantial flexibility federal prosecutors have — or at least believe they have — in charging insider trading and underscore the oft-recognized need for a federal statute expressly addressing insider trading.
Criminal Considerations In Trade Secrets Disputes
October 01, 2022
Part One of a Three-Part Series
When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
Tips to Minimize Malpractice Claims
September 01, 2022
So long as humans are practicing law, mistakes will happen; but well prepared attorneys are proactive and take the affirmative steps to put themselves in a position to minimize the danger to the client and the case.
Proactively Tackling Unstructured Data Can Give Competitive Advantage
August 01, 2022
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it's an untenable position from both a regulatory and brand reputational perspective.
Waiver of Corporate Privilege By An Individual Defendant
August 01, 2022
Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?
