First Glance

News & Analysis as of

The Impact of NLRB v. Canning - Q&A With Former NLRB Member Brian E. Hayes

The unconstitutionality of the appointments directly impacts all of the employees, employers, and unions that were involved in any of the now invalid decisions....more

Not Everyone Can Run Elon Musk’s Playbook

If anything, Musk’s letter actually underscores the need for a cohesive patent strategy at the outset, when large competitors can easily copy your efforts....more

Why Tesla’s Patent Move May Standardize Electric Cars, Not Patent Strategies

This is a once in a century technological leap, and I think Tesla needs to force itself to be the standard (by making this free licensing move) if the company is going to have longevity....more

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

Microsoft Mail and the 4th Amendment: Do Any of Us Seriously Think We Have a Right Not to Have Email Seized as Possible Evidence?

A perspective on the recent Fourth Amendment and privacy considerations raised by Judge James C. Francis' recent Memorandum and Order: 'In The Matter Of A Warrant To Search A Certain E-Mail Account Controlled And Maintained...more

Weak Patent Case? Think Twice Before Filing, In Light of Two 'Exceptional' SCOTUS Decisions

In light of these decisions, patentees with weak cases may think twice about filing, now that they face a credible risk of having to pay defendants’ attorney fees. By the same token, accused infringers with questionable...more

The FCC and Net Neutrality: Classic Washington 'Cut the Baby In Half' Approach

Everyone awaits a definite statement from the White House to see if the President will stand by his 2007 campaign position, which was in lockstep with liberal support for net neutrality, or if he will about-face on another...more

Will Heartbleed Affect Data Breach Insurance Coverage?

Although it is a widespread exploit that has been undetected for two years, whether or not a CGL policy covers data breaches allowed by Heartbleed should turn, simply, on whether the policy covers data breach at all...more

The Heartbleed Lesson for All Companies? Manage the Risk...

Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data breach and implementing...more

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

First Glance: Obama Administration's Marijuana Guidelines 'Cold Comfort' For Banks

As long as possession of marihuana remains a federal crime, banks won't touch those businesses with a ten foot pole....more

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