For Whom The Bell Tolls: Corporate Data Security Breaches Affect All
October 03, 2005
Names, addresses, Social Security Numbers, and various types of financial information are among the most common casualties in a growing number of data security breaches at leading organizations across the country. It seems that every week, a new corporate data security breach involving the loss or disclosure of personal information is reported in the media. This is a phenomenon that does not discriminate: It touches all businesses, whether retailers, information brokers, financial institutions, universities, or healthcare companies. And thanks to a relatively recent California privacy law requiring that affected individuals be notified of the breach, the press eventually tolls the bell for all to hear. <br>With each revelation, calls have increased for government investigations and new state and federal legislation.
Web Sites Offer Useful Resources for Media Lawyers
October 03, 2005
Journalists in jail. Record-setting libel verdicts. Secret government documents. Closed-door meetings. The lawyers who represent the news media have had their hands full. But one item of good news for media lawyers is that several Web sites offer useful resources and support.
International Film Production Incentives
October 03, 2005
Given the ever-increasing expense of filmmaking in the United States, and particularly in California, many filmmakers have looked for alternatives to the traditional Hollywood-based production. While this trend originally was for smaller-budget and independent films, more and more producers and large studios have sought alternate locations in which to film. While certain U.S. states like Hawaii, New Mexico and New York provide tax incentives and other ancillary location benefits, these states haven't generally been as successful in luring so called "runaway production" as have countries with incentives that may be available.
Digital Dictation Is Simplifying How Lawyers Work
October 03, 2005
With the advent of e-discovery, it's impossible to combine today's state of the art e-discovery solutions with yesterday's analog-dictation technology. Having a foot in both worlds is at best inefficient, and at worst can lead to misplaced data or work. <br>But the dawn of digital dictation has eliminated lawyers' worst frustrations of dictating to tape cassettes. With this new technology, lawyers can treat spoken words like any other digital data, inputting it to a desktop or other computer via a microphone and manipulating it in a digital voice-software file. Lawyers can then move spoken text around, and insert spoken or printed text as well as charts, spreadsheets, photographs and videos and transmit their work to a typist or save it to an audio file for clear and accurate translation into a printed document ' or an e-document to be shared digitally or projected for viewing in the appropriate settings.
Post-<i>Phillips</i>: Will The Trial Courts Receive More Deference in Patent Cases?
October 03, 2005
The most important question in every patent case is "what do the claims mean?" The district court answers this question in its claim construction ruling. Presently, every aspect of a district court's claim construction is reviewed <i>de novo</i> by the United States Court of Appeals for the Federal Circuit. <br>The problem of <i>de novo</i> review is tied to the nature of patent claims themselves. Patent claims, the series of numbered paragraphs at the conclusion of the patent, define the scope of the patent owner's rights. Yet, because of the technical nature of inventions, the determination of the scope of rights is not easily made.
<b>Basics Revisited:</b> Investing Your Lump Sum Without Taking Your Lumps
October 03, 2005
Many of our specialist readers are so involved in financial intricacies that it may be difficult for them to answer questions on investment basics from non-initiates. Jim Berliner's clear explanations should be useful not only in advising professionals who earn a large fee but also for any firm member or client who is faced with a major investment decision.
Control Of The Internet
October 03, 2005
If the Internet is nongovernmental, then it may generate terms-of-use agreements to prohibit political speech. But if the Internet is governmentally controlled, then Internet users have a First Amendment right to use the Internet for public speech. <br>The give-and-take of who has the ability and vested authority to control constitutional matters is one in frequent debate, but the principle commonly known as the state action doctrine clearly sets forth the concept that only government actors are subject to certain constitutional limitations. Most important, the state action doctrine is a preliminary test for determining which cases are worthy to proceed on their merits with respect to whether constitutional rules apply.
Two Rulings Toss Internet Stings
October 03, 2005
Two courts in the last 8 weeks have overturned the convictions of people accused of using the Internet to solicit sex from minors because the victims were actually law enforcement agents ' not true minors.
Australian Court Finds For Music Company
October 03, 2005
Justice Murray Rutledge Wilcox of the Federal Court held that certain defendants associated with Sharman Networks were liable for "authorization" of copyright infringement as a result of having distributed the Kazaa file-sharing software. <br>Notwithstanding substantial differences between the legal systems and copyright jurisprudence in Australia and the United States, <i>Grokster</i> and <i>Sharman</i> demonstrate remarkable similarities in analysis.
