The Equifax Breach: Why This One Is Different
October 02, 2017
This is not the first time that a credit reporting agency has been breached, nor is it the first time that Equifax has reported a breach. What <i>is</i> different with the current breach is its size and the nature of information compromised, as well as the implications of the breach in light of the increasingly complex web of cybersecurity regulations nationwide.
Quarterly State Compliance Review
October 02, 2017
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.
Children Book Versions of Classic Novels Not Fair Use
October 02, 2017
In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.
Alternative Fee Arrangements in Complex Litigation
October 02, 2017
<i><b>The Case for Value Billing</i></b><p>Alternative fee arrangements (AFAs) are about value, a benefit legal departments are increasingly pressured to bring to their companies. When hiring an outside lawyer, clients are not looking for "hours," and they certainly are not looking for tenths of hours. They seek value.
Airbnb and Rent Stabilization: A Survey
October 02, 2017
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
Big Data, Web 'Scraping' and Competition Law
October 02, 2017
<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
Challenges to the Admissibility of Evidence in the 'Omics' Era
October 02, 2017
Due to our increased understanding of human genetics, there has been a shift in, and expansion of, the use of genetics in the courtroom to address the "how" and "why" — the causation of, or susceptibility to — disease in mass tort and products liability litigations. Here are some trial tips you need to know.
Patent Lost Profit Damages and Apportionment
October 02, 2017
<b><i>Split Federal Circuit Declined to Reconsider Panel's Decision that Lost Profits Based on the</i> Panduit <i>Factors Are Fully Apportioned</b></i><p>On Sept. 1, 2017, a split Federal Circuit declined to rehear a panel decision in <i>Mentor Graphics Corp. v. EVE-USA, Inc.</i>, a case that could have significant implications for lost profit damages and apportionment.
