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Cyber Insurance: Prevalent But By No Means Ubiquitous

A recent survey from the credit score company FICO has some interesting numbers on the prevalence of cyber insurance in the US. ..50% of US companies have no cyber insurance. ..74% of US healthcare companies have no cyber...more

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails...more

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

U.S. Steel ITC Case Alleging Chinese Government Hacked Its Network and Stole Its Secret Formulas May Be Revived

First, a little background for those unfamiliar with the wonderful world of the International Trade Commission (ITC). Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) prohibits “unfair methods of competition and...more

New Mexico, One of the Last Holdouts, Sends Data Breach Notification Law to Governor

New Mexico is one of the few remaining states to not have a law requiring companies to notify consumers when their information is part of a data breach. This, however, might change very soon. Last Wednesday, the New Mexico...more

Court Declines to Issue Seizure Order under Defend Trade Secrets Act

As we previously reported, the federal Defend Trade Secrets Act (DTSA) enacted last May includes a powerful ex parte seizure proceeding that allows courts in “extraordinary circumstances” to order the seizure of property...more

Cybersecurity 2017: The Year in Preview

Introduction - Cybersecurity was a prominent factor in 2016 in all aspects of government, business and personal affairs. Russian and other foreign national hacking has the potential to spark a new form of cold...more

Cybersecurity 2017 – The Year In Preview: Trade Secret Theft Takes Center Stage

Editor’s Note: This is the first of an end-of-year series of posts examining coming trends in cybersecurity. Posts will examine trends in state regulations, federal regulatory authority, the changing nature of the threat...more

Cybersecurity News and Notes – August 2016 #3

In Case You Missed It: Sometimes data breaches crop-up in the most unlikely of places. Last week we learned that the vendor that handles fish and hunting licenses for the states of Idaho, Oregon, and Washington was hacked. ...more

Cybersecurity News & Notes – June 2016 #3

In Case You Missed It: Illinois strengthened its data privacy and security law, with the amendments going into effect in January 2017. The amendments include expanding the definition of “personal information” to include a...more

Obama Signs Defend Trade Secrets Act Into Law: Important New Tool for Victims of Data Breach

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. Previously, companies could only bring misappropriation of trade secrets claims under state law. (Unless they were able to...more

The Internet Archive Wayback Machine: A Useful IP Litigation Tool, But Is It Admissible?

The Internet Archive’s Wayback Machine archives copies of websites every few weeks or months, going back to 1996. The Wayback Machine currently has almost 500 billion archived webpages. By entering a website into the Wayback...more

DOJ Releases Best Practices for Victim Response and Reporting of Cyber Incidents

Last week, the Cybersecurity Unit of the Department of Justice (DOJ) issued a list of “best practices” for companies concerning preparing for and responding to cyber-attacks. The report details the lessons federal prosecutors...more

Truth or Consequences: Sanctions Fly in Telenovela Copyright Infringement Case

The case of Latele Television v. Telemundo Communications Group might have been a simple factual dispute over copyright ownership, but instead it has devolved into a series of accusations — including allegations of willful...more

Five Tips to Help Companies Protect Themselves from Data Breaches

With every swipe of a credit card this holiday season, consumers put their faith in the companies that process and store their information. Yet, it is no secret that data breaches are on the rise, hitting companies large and...more

Ninth Circuit Knocks Down Unfair Competition Case against Yelp!

For those few of you who don’t know already, Yelp! (“Yelp”) is a wildly popular website where people can share their reviews, opinions, experiences, and ratings of businesses across the country. This service is invaluable...more

Data Breach Prevention and Response: Avoiding Potential Pitfalls and Implementing Best Practices to Protect Your Company

In This Presentation: - Overview of data breach landscape - Data breach response ..Technical best practices ..Legal best practices - Data breach prevention ..Technical best practices ..Legal best...more

In Riley v. California, Supreme Court Rules Police Must Obtain Warrant before Searching Cell Phones

In a unanimous decision issued last week, the Supreme Court ruled that police cannot search the cell phones of arrested individuals without a warrant. In reaching its decision, the Court recognized that there is an immense...more

Copyright Antitrust Claims Against Textbook Publishers Dismissed in Longstanding Gray Market Copyright Case

It is no secret that college textbooks are expensive, and the average student has little recourse when a professor assigns specific books and editions. Stuck between a rock and a hard place, over the years students have...more

Commercial Disparagement An Increasing Concern In The Age Of Social Media

Companies are turning to social media with increasing frequency to directly communicate with customers and potential customers. T-Mobile USA is no exception. Not only did the company release an astonishingly snarky press...more

Hopper Copyright Litigation Takes Center Stage at the Consumer Electronics Show

Dish Networks’ Hopper device has spurred a considerable amount of legal controversy. Recently, that controversy made its way into the official award ceremony of the Consumer Electronics Show....more

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