Privacy v. Data Security
February 29, 2016
The year 2005 really marked the beginning of the "era of data breaches," and with it, the "era of data breach lawsuits." In its place, what is now commonplace in the wake of major data breaches ' class action "privacy" litigation on behalf of data subjects, seeking millions of dollars in damages, under a dizzying array of legal theories.
Cost Recovery in 2016
February 29, 2016
2016 is in full swing and we will soon be conducting the 2016 Mattern & Associates Cost Recovery Survey. We've been conducting this bi-annual survey since 2004 and, during that time, it has become an industry resource for tracking the cost recovery practices of law firms across size and geography.
Marijuana and Bankruptcy? Not Really
February 29, 2016
Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.
A 'Cloud Security Doctrine' for Law Firms
February 29, 2016
Cloud computing may be here to stay, but is it truly safer than the solutions that it's outmoding? The Legal Cloud Computing Association (LCCA) thinks there's a path to greater security, publishing for law firms its first "Cloud Security Doctrine."
Nursing Homes, Long-Term and Advanced Care Facilities
February 29, 2016
If you are advising a health care provider entity, such as a nursing home, what can you tell them regarding their liability? Is the institution itself at risk because of the personal failings of certain employees? What if it is staffed by independent contractors? Can a uniform plan or employee manual be developed, and will that help?
IP News
February 29, 2016
Fed. Cir.: PTAB Panel That Institutes <i>Inter Partes</i> Review May Also Make Final Decision on the Merits <br>Federal Circuit: Ambiguous Testimony Failed To Show Infringement
<i>TriVascular, Inc. v. Samuels</i>
February 29, 2016
On Feb. 5, 2016, in <i>TriVascular, Inc. v. Samuels, </i> the United States Court of Appeals for the Federal Circuit affirmed the written decision of the PTABin an <i>Inter Partes</i> Review. In particular, the court affirmed the Board's conclusion that the '575 patent was not invalid as being obvious over the prior art of record despite the Board's initial institution of the IPR based on obviousness grounds.
Fed. Circuit: Consultant's Pre-Agreement Work Falls Outside Assignment Provision
February 29, 2016
On Feb. 5, 2016, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous decision in <i>TriReme Med., LLC. v. AngioScore, Inc.,</i> holding that AngioScore's consulting agreement had failed to assign inventive contributions made by a consultant before the effective date of the agreement. The decision highlights the need for attentive drafting of agreements with new employees and contractors, especially if they may have engaged in relevant inventive activity before the start of the employment or contractor relationship.
Tech Advances Have Led to More Traces of Deadly Microbes
February 29, 2016
A number of recent discoveries are challenging the idea that infectious diseases are sporadic and relatively rare causes of illness and death, and those discoveries are revolutionizing our understanding of the microbial world around us and presage significant changes in the legal landscape.
