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Tightening Antitrust Enforcement Could Be Boon for E-Discovery
September 01, 2021
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors in the M&A market are expecting an uptick in work. But the influx of complex discovery may drain resources for other corporate e-discovery matters.
The Queen's Gambit: Vetting Costs and Other Factors In Hiring a Tech Vendor
September 01, 2021
There are numerous "gameplays" to reduce risks when selecting and hiring a technology vendor. With each mitigating factor you incorporate into your contracting playbook, prepare to incur additional costs.
IP News
September 01, 2021
Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101 Federal Circuit Holds that Pendency of Motions Unrelated to Interlocutory Judgment Does Not Toll 30-Day Limit to File Notice of Appeal
The Not-Doing List: Focusing Your Strategic Marketing Plan
September 01, 2021
Effective marketing and business development is all about getting your at-bats. A desire for a perfect solution oftentimes impedes our ability to participate in efforts that are good enough.
Government Secret Recording of Interviews Rarely In Best Interests of Witness
September 01, 2021
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.
Development
September 01, 2021
Zoning Amendment Did Not Lapse
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
September 01, 2021
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
How NY Courts Find Copyright Preemption of State Law Claims
August 01, 2021
Under §301 of the U.S. Copyright Act, state law claims that are "equivalent" to exclusive rights in copyrights granted by federal law are preempted by the federal statute. To survive preemption, courts consider whether a state law claim in a lawsuit has an "extra element" that qualitatively distinguishes it from a federal copyright claim.
Virtual Reality or the New Reality of Virtual Practice?
August 01, 2021
In response to the worst period on record for cyber attacks, the ABA published Formal Opinion 498 to address practicing law outside of the traditional brick-and-mortar office environment. It reminds lawyers that while the ABA Model Rules permit virtual practice, they provide minimum requirements and recommendations for virtual practice, particularly in the areas of competence, confidentiality and supervision.
Strategy vs. Tactics: Two Sides of a Difficult Coin
August 01, 2021
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • A 'Cloud Security Doctrine' for Law Firms
    Cloud computing may be here to stay, but is it truly safer than the solutions that it's outmoding? The Legal Cloud Computing Association (LCCA) thinks there's a path to greater security, publishing for law firms its first "Cloud Security Doctrine."
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  • Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
    Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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