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The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.
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<b><i>Part One of a Two-Part Article</i></b><p>This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.
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Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.
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<b><i>The Debate Continues</i></b><p>Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.
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The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.
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The first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).
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<b><i>Investigating and Discovering Mobile Device Data</b></i><p>Analyzing data from mobile devices is still uncharted territory for many in Legal and IT. Accordingly, today's modern legal and technology professionals need to brush-up on all things mobile. This includes understanding where applicable data resides in a mobile device and what common challenges are associated with accessing, preserving and extracting this data. One such app taking the mobile device world by storm is WhatsApp.
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It is a truism that law often lags technology. Near the end of the U.S. Supreme Court's past term, the Court issued a decision in which the majority opinion, by Justice Kennedy, recognized the importance of social media in most people's lives. The ramifications of the court's statements about social media are already reverberating in the courts.
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You don't need a separate policy governing how your firm's staff will represent you on social media. You already have one.
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The recent takedown of dark Web marketplace AlphaBay represented a major success for law enforcement agencies in the U.S. and around the world. However, experts caution that its effect on mitigating the overall level of cyberthreat faced by corporations and law firms alike, while significant, will likely be temporary at best.