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The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out
November 01, 2019
Part Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.
Sparks From En Banc Arguments In Song Suit Against Led Zeppelin
November 01, 2019
There was much harmony along with a few discordant notes as an en banc panel of the U.S. Court of Appeals for the Ninth Circuit took up the copyright case involving Led Zeppelin's "Stairway to Heaven."
It's Getting Chilly: Federal Courts Continue to Wrestle With Impact of Aggressive DOJ Public Corruption Cases
November 01, 2019
In an environment of aggressive federal prosecution and regulation both businesses and public officials are challenged to identify the permissible line between proper financial transactions — things like campaign contributions and business entertainment — and unlawful payments. And, in what the First Circuit called a "novel theory of Hobbs Act extortion," public officials now have to struggle with the scope of permissible advocacy — when does advocacy for constituents become extortion?
Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'
November 01, 2019
The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.
As Hackers Get Smarter, Can Law Firms Keep Up?
November 01, 2019
"It's Not the Hardware You Worry About, It's the Mistake That Someone Makes That Inadvertently Gives a Bad Actor Access." The legal industry has poured significant resources into cybersecurity, leading to huge leaps in progress in the last decade. But there are areas where large and small law firms can do much better in preventing and reacting to data breaches, and the legal sector may risk falling behind other industries. That's partly because hackers are learning how to circumvent law firm security systems, leading to a continuous game of cat and mouse.
Professional Development: Reimagining Business Development Training and Coaching
November 01, 2019
Six Pillars of a Successful Bus-Dev Program For firms wanting to thrive through the next economic downturn and beyond, mastery of business development fundamentals is as essential as mastering legal skills. Yet training and coaching — whether done internally or through outside consultants — requires an investment in time and resources.
Cultural Icons Spawn Lawsuits Worth Close Looks
November 01, 2019
The ownership of intellectual property rights can be at the core of legal disputes involving pop culture icons. Considering the goodwill, effort and money spent in building a brand, character or commercial impression, it is not surprising that parties to intellectual property agreements find themselves revisiting their arrangements over time. That is what is happening in two recent federal lawsuits, one in New York involving a beloved figure in Philadelphia sports and the other in California focused on the Old Spice cologne commercial jingle.
Cannabis Businesses In Bankruptcy
November 01, 2019
Any Cannabis-Related Business or Any Business In a Relationship With One Will Likely Find Itself Barred from the Door of the Federal Bankruptcy Courts The ability to file a federal bankruptcy case is an important resource for struggling businesses. It is particularly important to start-up businesses in an emerging field, such as the production and marketing of cannabis-related products. It is precisely this resource, however, that is currently being denied to cannabis-related businesses.
Supreme Court's October Term 2018 Contains Hints of Things to Come
November 01, 2019
Part One of a Two-Part Article In its recently ended October Term 2018, the U.S. Supreme Court decided several notable criminal law decisions that will have a meaningful impact on white-collar practitioners' work and, importantly, offer clues regarding the movement of the criminal law in subsequent terms. In this two-part article, we review several of the key decisions and consider their implications, both for practitioners in this area and for Court-watchers interested in future Court decisions.
How to Become a Rainmaker
November 01, 2019
Almost anyone willing to develop the qualities necessary can become a rainmaker.

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