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Predicting What 2022 Holds for Cybersecurity
January 01, 2022
Predictions aside, complacency is not an option if you plan to survive and thrive in 2022. Rest assured, the future of cybersecurity is bright, but it will come with its own set of challenges. We look forward into the future because the sooner we can start adapting strategy, policies, and technologies, the better off everyone will be in the long run.
Cybersecurity and Legal Tech In 2022: Predictions from the Field
January 01, 2022
It's still a dangerous cyber world as we enter 2022, but one that today's attorneys and legal technologists are prepared to tackle. Here's what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.
Reckless Disregard for the Truth of a Material Statement Made to the USPTO Is Sufficient for Proving the Intent to Deceive
January 01, 2022
The Trademark Trial and Appeal Board (TTAB) has finally filled a gap left by the U.S. Court of Appeals for the Federal Circuit in the standard for finding deceptive intent when trying to prove fraud on the USPTO.
'Never Trust, Always Verify': Zero Trust Security
January 01, 2022
Recognizing the ever-increasing cyber threats to businesses, government entities, and individuals, the White House announced that Federal Civilian Executive Branch agencies must migrate toward Zero Trust Cybersecurity Architecture by September 2024. Under Zero Trust, trust is the ultimate vulnerability of any system and, therefore, trust has to be eliminated from a business' cybersecurity approach.
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.
NFTs and Virtual Patent Marking
January 01, 2022
Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
Protecting a Website's Legal Identity
January 01, 2022
Protecting an internet site's legal identity begins with the settled proposition that domain names are a form of personal property. The classification of a domain name as property allows the owner to register the domain name with the United States Trademark Office. Additionally, a domain name owner may state a claim for conversion against an entity that unlawfully interferes with the domain name property.
Digital Marketing Surged During the Pandemic, But Are Law Firms Managing Content Effectively?
December 01, 2021
When 2020, and its accompanying pandemic, ushered in a resurgence in legal digital marketing and social media use, it was expected given the circumstances. But not all firms are managing that content effectively.
Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now?
December 01, 2021
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits
December 01, 2021
When and how can someone else's visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator's visual content? A recent ruling on a popular practice at the center of these issues for entertainment and media companies may upend the current paradigm.

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  • Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
    Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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  • Identifying Your Practice's Differentiator
    How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
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  • Risks and Ad Fraud Protection In Digital Advertising
    The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
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