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Implications of U.S. Supreme Court Justices' Comments During 'Slants' Trademark Dispute Oral Arguments
February 01, 2017
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, <i>Lee v. Tam,</i> focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
The Constitutionality of Using Cell-Site Simulators
February 01, 2017
According to the Department of Justice Policy Guidance: Use of Cell-Site Simulator Technology (Sept. 3, 2015), a cell-site simulator “function[s] by…
Criminal Immigration Enforcement vs. Employers: Will It Be the New Normal?
February 01, 2017
Increased enforcement of the immigration laws that impact on the hiring of employees is on the horizon.
Vaccine Injuries and the Statute of Limitations
February 01, 2017
It is imperative for all attorneys to understand that there is an available recourse for those injured by certain vaccines. Attorneys also need to make themselves aware of the applicable statute of limitations for these causes of action because assumptions about a "discovery rule" or minor's tolling statute can expose a lawyer to a legal malpractice suit.
Untangling the Mystery of Cybersecurity Insurance
February 01, 2017
There are more technology options available to protect businesses than ever before, and both the U.S. government and private industry have made great strides in understanding and combating some of the most common cyber threats.
Tax Foreclosures: Notice to Mortgagees
February 01, 2017
Tax foreclosures implicate not only the interest of the delinquent fee owner, but also the interest of the holder of a mortgage on the fee interest. What happens when the mortgagee does not know about the tax delinquency, the tax foreclosure, or the expiration of the right to redeem the property?
Paul McCartney's Suit over Songs' Recapture Rights
February 01, 2017
Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.
The Continuing Evolution of the False Claims Act
February 01, 2017
The number of lawsuits brought under the False Claims Act continues to increase. In these cases, the United States government is the real party in interest, while individual relators (also known as "whistleblowers") may bring a complaint on behalf of the government.
Is Your Data Breach Response Plan Good Enough? Stress Test It!
February 01, 2017
As the chances of a data breach incident increase, savvy firms and businesses have invested time and thought in a response plan. But plans never survive first contact with the enemy. Stress test your incident response plan to find and resolve its weaknesses while time is on your side.
David vs. Goliath
February 01, 2017
<b><i>How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal</b></i><p>It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

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