Are Your Post-Breach Forensic Reports Privileged?
July 01, 2017
<b><i>A Trend Is Emerging</b></i><p>The Central District of California recently joined the small growing list of courts that have held forensic reports created by outside security companies following a data breach are protected from disclosure in civil litigation in certain circumstances.
Antitrust Corporate Dispositions
July 01, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Asserting Damages for Data Piracy Under the CFAA
July 01, 2017
When a database is breached in one way or another, the results can be devastating. Many companies suffering this kind of loss turn to litigation, often under the Computer Fraud and Abuse Act, which prohibits improperly accessing a protected computer. There is, however, a growing consensus in the Second Circuit that recovery of certain forms of damages under the CFAA simply is not permitted.
Netflix Dooming Need for Foreign Presales Deals
July 01, 2017
Foreign rights presales, which since the 1970s have been used by independent Hollywood producers to raise funds to get their movies shot, are quickly becoming a thing of the past. Credit Netflix for giving them a big shove out the door. So what does that mean for Hollywood's deal lawyers? Bigger rights deals — but fewer of them to go around.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
July 01, 2017
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
3 Steps to Ensuring Your AI Initiative Does Not Fail
July 01, 2017
The energy in the legal industry surrounding artificial intelligence (AI) is undeniable. Law firms are investing in innovation or undertaking experiments to test the viability of applying AI-enabled tools to various disciplines. Legal professionals are packing presentations to learn if, how and when the heralded disruption will impact their careers.
Dispelling the Myths of Litigation Funding
July 01, 2017
Litigation finance, or the practice of providing capital using legal claims as the underlying asset, is a growing industry. Its use by law firms alone grew four-fold between 2013 and 2016. To optimize its use, the legal and corporate industries should first collect the facts.
Do Your Employment Practices Violate Antitrust Law? They Might!
July 01, 2017
Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division
Drake Wins on Sampling Fair Use; Plaintiffs' Song Ownership Muddy
July 01, 2017
While copyright registration normally constitutes prima facie evidence of copyright ownership, the court noted that the estate had registered the song copyright 31 years after it was originally published and only in response to the defendants' sampling of the song on Drake's album.
