Ethics and Criminal Practice
May 01, 2016
Social media can be used to reveal personal communications, provide location information, prove and disprove alibis, establish crime or criminal enterprise and show instrumentalities or fruits of a crime. But there is no one rule of professional conduct that addresses what a lawyer can advise a client concerning the use of social media.
Equity Crowdfunding
April 01, 2016
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
10th Circuit Upholds Tax Reporting Law
April 01, 2016
Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.
Cyber Insurance Litigation
April 01, 2016
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
Second Circuit Examines Evolving Infringement Standard
April 01, 2016
Tasked with formulating a legal definition of "hard-core pornography" in 1964, U.S. Supreme Court Justice Potter Stewart demurred with the famous observation "I know it when I see it." Fifty years later, intellectual property lawyers might be forgiven for falling back on some similar formulation when asked to advise their clients on copyright infringement.
Equity Crowdfunding
April 01, 2016
There has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
The Coming Tsunami in the Legal Profession
April 01, 2016
There have been four waves of change over the last 50 years. We are now entering the fifth wave and this one will be a tsunami. The lawyers who do not recognize the trends will not be able to enter a new era and survive. The fifth wave will turn partnership leverage, compensation systems and the business model upside down. There is not much time to make the incremental changes that will support sustained profitability in law firms.
IP News
April 01, 2016
Federal Circuit Holds Two of Apple's Five Asserted Patents Invalid, Three More Not Infringed
Ethics and Criminal Practice
April 01, 2016
You meet with a new client, a finance manager of his church. He is being investigated for embezzlement. As you look at the issue, you become concerned that your client and his supposed cohort, the church treasurer, may have had a meretricious relationship, which might lend credence to the investigation. But your client tells you that is simply not the case. What do you do?
