Fifth Amendment Protection of Cellphone Passwords Remains Murky As Supreme Court Declines to Weigh In
July 01, 2021
When law enforcement seeks to compel a subject to provide a passcode to allow them to rummage through a cellphone, courts have not spoken with a unified voice. Some, including New Jersey's highest court, have arrived at the dubious conclusion that requiring an individual to communicate cellphone passcodes to the government does not warrant Fifth Amendment protection. Commentators had hoped that the U.S. Supreme Court would reject that expansive view, however, the Supreme Court declined to wade in, seemingly guaranteeing that continued uncertainty on this critical issue will continue to bedevil criminal practitioners.
Players On the Move
July 01, 2021
A look at moves among attorneys, law firms, companies and other players in entertainment law.
DOJ Looking to Develop New SEP Policies
July 01, 2021
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
MARKETING TECH: Upping Your New Business Game with AI
July 01, 2021
With demand for technology innovation and efficiency at an all-time high, we can look to Artificial Intelligence (AI), Machine Learning (ML), and Natural Language Processing (NLP) to help streamline and automate proposal and RFP management, and bridge the gap between increases in RFP requests and lower win rates.
Rapid Innovation Is Scary, But Necessary for Law Firm Leaders
July 01, 2021
To achieve the seemingly insurmountable task of preparing leaders to shepherd firms in the post-pandemic world demands an approach similar to what enabled society to create the COVID vaccine in record time: a unique set of circumstances, dedicated focus and sufficient resources.
Second Circuit May Address SEC's 'Tolling Agreements' Tool
July 01, 2021
The U.S. Court of Appeals for the Second Circuit signaled last month that it may fully address, for the first time, the question of whether a decades-old change to federal law rendered a commonly used tool for extending U.S. Securities and Exchange Commission investigations unenforceable in federal court.
Bit Parts
July 01, 2021
Mixed Ruling in Police Officer's Lawsuit Over Depiction in Netflix Documentary
New York Court Rules Music Plaintiffs Failed To Establish Vimeo's "Red Flag" Knowledge
Third Circuit Rejects Agency Law Principles in Deciding Work-for-Hire Issue in Termination Rights Dispute Over Game of Life Board Game
IP News
July 01, 2021
Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence
Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District
