Why the DMCA Needs to Be Modernized
December 02, 2016
It has been 18 years since the DMCA was signed into law. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.
Recent Disputes over Copyright Licenses
December 02, 2016
This article discusses disputes involving the use of copyrighted works or intellectual property underlying that work, under a license, or in one case, under an implied license. The parties thereto are not nearly as well-known, but the legal conclusions reached may have farther reaching implications.
Estate Planning for the Digital Afterlife
December 02, 2016
As more Americans establish personal email accounts, social media accounts, and other electronic accounts, these “digital assets” are becoming an increasingly vital estate-planning consideration. The failure to consider how to dispose of digital assets in an individual's estate plan could result in later complexities following the individual's death.
China Passes Controversial Internet Security Law
December 02, 2016
The Standing Committee of the National People's Congress, China's top legislature approved the new Cybersecurity Law on November 7, which was created for reasons of national security and to curb internet fraud. It will take effect in June 2017.
<b><i>Online Extra</b></i><br>Twitter Faces Surge of Securities Suits
December 02, 2016
The company was hit with the latest in a string of lawsuits alleging that the social media company misled investors about the growth of its user base, and that senior executives raked in hundreds of millions of dollars by selling their stock before the market learned about it.
Expanded Means-Plus-Function Analysis Presents New Opportunities and Challenges
December 01, 2016
The Federal Circuit's <i>en banc</i> decision in <i>Williamson v. Citrix Online</i> expanded the potential application of 35 U.S.C. §112, ¶6, making it more likely that functional claim language will be construed as a means-plus-function limitation even in the absence of the word "means." This article discusses recent decisions applying <i>Williamson</i> and provides practical insights and strategies for patent owners and accused infringers to consider when addressing the expanded application of §112, ¶6.
The Responsible Corporate Officer Doctrine
December 01, 2016
<b><i>Briseno v. ConAgra</b></i><p>The Food, Drug, and Cosmetic Act (FDCA) has historically allowed prosecutors to charge corporate employees with misdemeanors without having to prove personal participation or wrongful intent. But, as the use of the statute has become more frequent and penalties have gotten more severe, the constitutionality of such an application of the FDCA has come under heightened scrutiny.
Protecting Counsel Privilege in a Post-Yates Memo World
December 01, 2016
In last month's newsletter, the authors put forward the proposition that attorney-client privilege issues, which can arise during internal investigations, have become even more complicated following the issuance of the Department of Justice's (DOJ) "Yates Memorandum." They continue their discussion herein.
Will Ascertainability Split Finally Be Resolved?
December 01, 2016
Despite requests for change, the Judicial Conference Advisory Committee on Civil Rules declined to include ascertainability in its proposed changes to Rule 23. In addition, the U.S. Supreme Court recently rejected two petitions for certiorari earlier this year that would have addressed ascertainability.
