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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.
Third Circuit: Assertions of Sovereign Immunity Can Be Scrutinized In the Bankruptcy Context
July 01, 2021
In an era of increasing participation and regulation by various governmental agencies in businesses eligible for bankruptcy relief, the Third Circuit's decision in Venoco is an important development for assessing the extent to which a distressed business can address action by a governmental unit through a bankruptcy case.
ESG Practices, Spurred By Pandemic, Will Play Role In Future of Real Estate Investment
July 01, 2021
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
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
Managing and Preserving Zoom Data
July 01, 2021
With business conversations extending across video, audio, transcripts and chat, it will not be long before we see Zoom data appearing as evidence in court. Legal teams and CIOs need to think about how to preserve Zoom data proactively for litigation case assessments, discovery, and holds, as well as investigations and regulatory actions.
National Security Implications of the Colonial Pipeline Hack
June 01, 2021
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front.

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