Addressing the Spiral of Silence In Law Firms: Fostering Open Communication
July 01, 2021
The "Spiral of Silence" can mean workers don't feel comfortable sharing their opinion or voicing concerns about how they or others are being treated. This allows mistreatment and biases to go unchecked at an individual level and can also result in a secondary spiral in which workers feel they are not able to fully express their personal identity in the workplace.
New Report Finds Declines In Copyright, Trademark Suits
July 01, 2021
Copyright lawsuit filings declined significantly over the last two years, according to a new report by Lex Machina, which found that overall cases had dipped from a 2018 peak that was driven primarily by surges in file-sharing litigation.
SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
July 01, 2021
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization," and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
July 01, 2021
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
Appellate Court Finds Plaintiffs' Claims Under Section 362 Not Automatically Stayed
July 01, 2021
Parties holding potential claims against non-debtor third parties that are arguably "related to" the bankruptcy estate must weigh the risks and benefits of actively prosecuting such claims. The mere fact that a bankruptcy trustee could pursue such claims as property of the bankruptcy estate under Section 541 of the Bankruptcy Code will not be enough to argue that such claims are conclusively barred by the automatic stay.
COMPETITIVE INTELLIGENCE: Competitive Intelligence On a Dime
July 01, 2021
Simple and Cost-Effective Ways to Help Your Firm Harness the Power of Competitive Intelligence
Many products and trainings promise to help with or automate your competitive intelligence research, but getting good data does not have to be so complicated or expensive. Here are some tips for how you can leverage competitive intelligence in your marketing efforts without a significant cost.
3d Circuit Hears Case on Interaction of Publicity Rights and the CDA
July 01, 2021
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
