'Competitive Intelligence:' Leveraging CI for Successful Business Development
July 01, 2018
<b><i>Sometimes You Don't Know What You Don't Know</b></i><p>Over the last decade, the definition of competitive intelligence has evolved to be about all of the data and information I have access to that helps to isolate and leverage my firm's competitive advantage and close the deal on business development opportunities. The more data available to analyze, the better informed your decisions and strategies will be going forward.
Practical Impact of D.C. Circuit's Ruling on Foreign Broadcasters and Copyright Liability
June 01, 2018
Broadcasters around the globe know that Americans want access to digital content and that they often ignore who provides it to them. For business reasons, tax reasons or to try to avoid liability under copyright law, many of these broadcasters intentionally do not set up operations in the United States. However, when these broadcasters transmit content for which they do not have authorization, they may be in violation of the copyright holder's rights.
Estate Planning In the Age of Cryptocurrency
June 01, 2018
<b><i>Cryptocurrency's Technological Character Allows Estate Planning to Protect the Intent of Its Holders, But the Lack of Statutory Structure Necessitates Proactive Steps</b></i><p>Cryptocurrency, such as Bitcoin, has value and therefore is increasingly likely to become an estate asset. Due to the nature of cryptocurrency, typical wills and revocable living trusts may not be well suited to efficiently transfer this new type of asset. Consequently, new estate planning questions and clauses are needed.
Online Extra: The Evolving Nature of Cyber Law
June 01, 2018
<b><i>A Q&A with Penn Law Prof. Anne Toomey McKenna</b></i><p>The newly appointed Penn State professor sees a lot of room for questions in the evolving cyber law landscape, but so far there are few answers.
Online Extra: Facebook's Blockchain Bet Could Place It in the Data Decentralization Debate
June 01, 2018
<i><b>Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data</i></b><p>Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
Trademark 'Theft' With AdWords Keyword Bidding
June 01, 2018
<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.
Why Second Circuit Found No Fair Use in 'TVEyes' Case
May 01, 2018
Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.
How Law Firms Can Prepare for FinTech Wave
May 01, 2018
<i><b>The Innovations and Industry Disruption Should Have Law Firms Snapping to Attention</b></i><p>The world of financial services is being upended by new technologies — from virtual currencies and blockchain to peer-to-peer lending and enhanced mobile banking — that are capturing customers, as well as the attention of Wall Street investors and industry regulators.
