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When Products Start Teaching Cybersecurity Process
November 02, 2017
<b><i>New Nuix Cybersecurity Training and Certification Point to Pivot Not Only In Company But In Community At Large</b></i><p>Getting certifications from Nuix is no longer just about mastery of its engine. With a new certification coming to market next quarter, Nuix, like many in the ESI and forensic space (namely Guidance Software, now OpenText), is shifting gears and driving directly into the race for cybersecurity supremacy in an evolving and currently fractured technology marketplace.
NAFTA Renegotiation: Fourth Round
November 02, 2017
<b><i>Difficulty Making Headway on Thorny Issues</i></b><p>As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.
Increased Scrutiny for <i>Cy Pres</i> Provisions in Class Action Settlements
November 02, 2017
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a <i>cy pres</i> recipient, but courts are starting to question such moves more thoroughly.
Negotiating Key Points in Literary Agent-Author Relationships
November 02, 2017
Several of the same concepts that are in agreements between performing artists and managers also apply to agreements between authors and literary representatives.
New-Wave Legal Challenges for Bitcoin and Other Cryptocurrencies
November 02, 2017
As the adoption of cryptocurrencies — or digital currencies that are encrypted for security — spreads throughout the business and financial sectors, so too do the concerns that lack of regulation render the new-age currency susceptible to fraud, manipulation, and to being used as a vehicle for money laundering. Nevertheless, recent efforts by U.S. enforcement agencies to apply and enforce financial regulations indicate that cryptocurrency-based transactions will be under greater scrutiny than ever before.
How Defendant's Prior Conduct Can Impact Copyright Cases
November 02, 2017
In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.
Adult Use Zoning in New York
November 02, 2017
New York City's 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance.
Defamation and the Disgruntled Defendant
November 02, 2017
<b><i>Anti-SLAPP Legislation and Defamation Claims</i></b><p><b><i>Part Two of a Two-Part Article</i></b><p>After defendants have established that their allegedly defamatory statements were made in furtherance of their right of free speech or petition under the United States Constitution or the California Constitution in connection with a public issue, the second thing that courts must question when a defendant seeks dismissal through an anti-SLAPP motion is whether the claimant has carried his burden of establishing a probability of success on the merits of his claim.
SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
November 02, 2017
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
The Dark Web
November 02, 2017
The goals of this article are: 1) to provide a basic outline of the structure of the Web and to provide some insight into the purpose for and content housed on each level; and 2) to give some practical tips on preventing your company's data from ending up on the Dark Web.

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