'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Exclusion of Evidence: The FDA's 510(k) Process
January 01, 2018
In a drug or medical device injury case, one of the defense's most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA's 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
Professional Development: Marketing Plans for Partners
January 01, 2018
<b><i>Better Yet: 'Personal Strategic Plans'</i></b><p> If law firm partners thought of themselves as their own small business and not just a member of their firm, they would embrace the idea of creating a personal strategic vision. No need to hire a consultant; it just takes thought and time to memorialize it.
The Cyber Shot Across the Bow: Data Manipulation and GPS Spoofing
December 01, 2017
In September 2015, then-Director of National Intelligence James Clapper warned that the next "push of the envelope" in cybersecurity might be attacks that change or manipulate electronic information in order to compromise its accuracy or reliability. Two years later, we may now be seeing the beginning of such insidious attacks, in the context of GPS spoofing — a technique that sends false signals to systems that use GPS signals for navigation.
Uber In-House Attorney Out Behind Massive Cyberattack That Went Undisclosed
December 01, 2017
<b><i>The Company Failed to Notify 57 Million Users of a Breach In October 2016. Two Employees Tasked with Handling the Response Process Have Left the Company, Including Uber In-House Attorney Craig Clark, Who Reported to the Company's Chief Security Officer.</b></i><p>Uber Technologies Inc. failed to notify 57 million users that their data was exposed in a breach, according to a company blog post published on November 21, which was confirmed by a source close to the matter.
The Case for Use of Accelerated Case Resolution in TTAB Proceedings
December 01, 2017
This article outlines the available options under the Trademark Trial and Appeal Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process.
Five Smart Steps to Prepare for GDPR Data Subject Rights
December 01, 2017
Many corporations around the globe are preparing for May 2018, when Europe's General Data Protection Regulation (GDPR) enforcement kicks in. The regulation encompasses a wide range of nuanced privacy requirements that can be challenging to operationalize. In particular, requirements around the rights of European data subjects — which include the right to be forgotten and rights to access, rectification and objection to processing — will be some of the most difficult to address.
Labor and Employment Law Changes in the Trump Era
December 01, 2017
President Trump's first 11 months in office brought significant changes to labor and employment law. Immediate changes to the leadership and agendas for the DOL, the EEOC and the NLRB) have already occurred, along with reversals of policy and positions taken in court.
Wave of Sexual Misconduct Claims Warrants Looks at Confidentiality, Nondisclosure Agreements
December 01, 2017
Companies try to protect their reputations from executives who have "gone wild" by including moral turpitude clauses as a basis to terminate executives for cause under their employment agreements. Similarly, in the context of employment disputes, companies try to protect themselves through the use of non-disclosure, non-disparagement and confidentiality provisions in settlement agreements.
