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BREAKING NEWS: Europe Passes Controversial New Copyright Law
March 26, 2019
EU lawmakers have approved controversial new copyright rules that aim to make it easier for content rights-holders to make money when their content is used on digital platforms but could force large platforms such as Google, Facebook and YouTube to make changes to their operations.
The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
March 01, 2019
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
Know Your Tech
March 01, 2019
Technologies are often pitched as solutions, if not game-changing solutions. Indeed, many times they are, but no solution comes without the seeds of its own costs and challenges. For pragmatic and regulatory compliance reasons, it is increasingly important for boards, senior executives and general counsel to sufficiently understand technologies, not just their potential promise.
A Survey of Proposed Federal Privacy Legislation and the Year Ahead
March 01, 2019
The social, economic, and political forces pushing for a comprehensive overhaul of the nation's privacy regime are numerous, and many see 2019 as presenting the best opportunity yet for passage of federal data privacy legislation.
25 Years After: Campbell v. Acuff-Rose and the State of Copyright Fair-Use Controversies
March 01, 2019
On March 7, 1994, the U.S. Supreme Court decided for the first time that a parody may be a copyright fair use. In the 25 years that followed, the High Court's unanimous 9-0 ruling in Campbell v. Acuff-Rose Inc., has been cited in more than 500 court decisions. But the Supreme Court's pronouncement left questions and controversies in its wake.
Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files
March 01, 2019
The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.
UMG v. Grande Communications: Another Victory for the Music Industry in Its Battle to Hold ISPs Liable for Peer-to-Peer File Sharing
March 01, 2019
Since the advent of the Internet, the music industry has been in a pitched battle to combat online piracy. Initially, the industry focused on shutting down services that offered peer-to-peer or other similar platforms, such as Napster, Aimster and Grokster. For a time, the industry also focused on filing claims against individual infringers to dissuade others from engaging similar conduct. In recent years, the industry seems to have shifted focus toward Internet Service Providers.
When Alice Leaves Software in Wonderland: Review the Terms of Use
March 01, 2019
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Farewell, For Now: I'm Cheering You On!
March 01, 2019
In nearly 30 years as a legal marketing professional, I have seen firsthand so many changes and developments in law firms' perception and treatment of business development and marketing as a business practice. Here are a few takeaways that I trust will be uplifting as you continue to pave your professional journey in legal marketing.
Sales Speak: The Reason Companies Aren't Buying Is How Lawyers Are Selling
February 01, 2019
Conventional business development methods ignore an important part of the legal services selling process: the legal services buying process.

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