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Forum Selection Clause Held Waiver of Removal Right
October 02, 2015
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
<i>Ariosa Diagnostics v. Sequenom </i>
October 02, 2015
On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.
Legal Departments and Law Firms
October 02, 2015
The International Association of Defense Counsel (IADC) recently conducted its 2015 Inside/Outside Counsel Relationship Survey in order to gain a better understanding of the relationship between lawyers in corporate legal departments and lawyers in law firms. The results are reported herein.
Using Digital Tools To Assess and Remedy Online Reputational Damage
October 02, 2015
The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.
Electronic Chattel Paper
October 02, 2015
One of the significant benefits bestowed upon chattel paper financers is the ability to perfect a security interest via possession, and in so doing potentially achieve priority over pre-existing secured lenders who perfected by filing a UCC Financing Statement. Now, the system is moving toward electronic chattel paper. What does this mean?
Court Watch
October 02, 2015
Summary Judgment for Domino's in Death of Franchisee's Employee: Will It Last? <br>Franchisor That Sleeps on Its Rights May Not Be Able to Enforce Them
<b><i>Online Extra</b></i> Ninth Circuit Rejects Pay for Student-Athletes
October 01, 2015
Colleges can't be required to let star athletes cash in on their celebrity status, a Ninth Circuit panel ruled on Sept. 30, reversing part of a landmark antitrust decision that had called into question the NCAA's entire business model.
<b><i>Online Extra:</b></i> DOJ Wants Massive Government Data Breach Suits Consolidated
October 01, 2015
It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.
<b><i>Online Extra:</b></i> U.S. and UK Corporations Sustain High Levels of Digital Vulnerabilities
October 01, 2015
If there is any major concern corporations bear this year having watched last year's round of large-scale, invasive, expensive data hacks, it is the one of cyber security. In 2015, Centrify ' an identity management company ' surveyed more than 400 IT decision makers in the U.S. and UK to grasp the scope of how secure they believe they are and should be. The group asked: How much are hackers costing organizations that don't make the front page like Sony?
<b><i>Online Extra:</b></i> Survey: Privacy Professionals Well Paid, Differ in Regulated and Unregulated Industries
October 01, 2015
What does it mean to be a privacy professional today? As it turns out, it means that you're likely at manager or director level and comparatively well paid, and you also interact often with the information security, IT, legal, regulatory compliance and HR departments. However, it also means that your budget isn't where you'd like it to be and your staff may be too small ' especially if you're in government.

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