Second Circuit 'Affirms Fair Use
November 02, 2015
On Oct. 16, in <i>Authors Guild v. Google,</i> the Second Circuit affirmed a U.S. District judge's holding that Google's mass digitization of more than 20 million books from major university libraries in order to enable users of the Google Books website constitutes fair use.
Safe Harbor European Court Data Protection Ruling
November 02, 2015
On Oct. 6, the 'European Court of Justice gave a very important judgment about EU data protection law, where it ruled that the EU Safe Harbor regime is invalid, and National EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S. All U.S. business transferring personal data from the EU need to take note of this judgment.
Practice Tip: Identity Theft
November 02, 2015
Divorce is almost always a painful process for all involved. While your clients do their best to deal with emotional anguish, custody battles and legal complexities, they may also be leaving themselves particularly vulnerable to an unseen danger: Identity theft.
Reverse Break-up Fees in Strategic M&A Transactions
November 02, 2015
This article analyzes: 1) the pros and cons of an RTF tied to a breach by a buyer or the inability of a buyer to secure financing; 2) whether RTFs are truly enforceable by a target seller; and 3) what all this means in terms of target and buyer board members' fiduciary obligations.
Safe Harbor for Service Providers under the Anticybersquatting Act
November 02, 2015
GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.
Drug & Device News
November 02, 2015
Analysis of a case in which an appeals court reversed a plaintiff verdict in an Accutane case; FDA warning over a morning sickness drug.
Who Are 'Employees' and How Should We Treat Them?
November 02, 2015
The 2014-15 New Jersey Supreme Court term brought major decisions on diverse employment law issues 'employer liability for sexual harassment, how to determine whether a worker is an "employee" for purposes of wage and hour laws, the extent of protection afforded watchdog employees under the 'Conscientious Employee Protection Act (CEPA), and the negotiability of furlough decisions by municipal employers.
Eye on <i>Lenz</i> In Light of NFL Takedown Notices
November 02, 2015
In October, after receiving takedown requests from the National Football League and two college athletic conferences citing the Digital Millennium Copyright Act (DMCA), Twitter suspended two sports news feeds that feature short clips of football highlights.
Killing the Goose That Laid the Golden Egg
November 02, 2015
A troubling trend is apparent in medical malpractice actions venued in New Jersey: Over the past few decades, our courts have undermined legislation meant to limit hospital liability for tort claims.
The NLRB Joint Employer Ruling
November 02, 2015
On Aug. 27, the NLRB issued a sweeping decision that expands the definition of "joint employer" for purposes of the National Labor Relations Act (NLRA). Here's what you need to know.
