Law Matters

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What the Supreme Court's Aereo Ruling Might Mean for Cloud Storage Platforms

In the Supreme Court's Aereo ruling, at least one of the things not decided was whether a cloud storage platform, such as Dropbox or iCloud, would run afoul of the copyright laws’ protection of the “public performance” right...more

Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

Citing Aereo’s “overwhelming likeness to the cable companies targeted by the 1976 amendments”, the majority found that Aero is not just an equipment supplier and that it “performs” the broadcasted works....more

Hiring & Firing: What Does a Successful Separation Agreement Between Employer & Employee Look Like?

In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more

Who Is at Fault When a Driverless Car Is in an Accident?

One author's view on how to determine the answer that may surprise you....more

Underdog or Underhanded: The Real Issues Behind Aereo

How do you prove someone is breaking the law, if the technology they are using to do so didn’t even exist when the law was written?...more

Supreme Court Hears Argument in Aereo Case re Bringing Broadcast TV to the Internet

A central theme of several Justices’ comments and questions was how a decision finding Aereo’s business to involve public performance could affect Dropbox or other cloud storage providers where consumers store performance...more

Forward-Publishing Patents: A Way to Tell Competitors "Stay Out"?

Will forward-publishing your patent help or hurt you in the long run? Sonos’ announcement this week that they will forward-publish patent applications has created quite a debate in the patent realm. Ideas are the...more

Will 'Forward-Publishing' Make The Patent System a More Relevant R&D Tool?

Forward-publishing patents might be a case of good PR practice meeting good patent practice. On the other hand, Sonos might be onto something....more

Sonos Forward-Publishes Patents: Strategic Upside, Limited Downside

Sonos' policy to forward-publish its patents seems to be more a calculated public relations move with some strategic upside and limited downside....more

Forward-Publishing Your Patents? Be Sure Your Portfolio Can Withstand Early Third Party Attacks

Forward-publication of patent applications can effectively give third party submitters the ability to make a submission against your application months in advance of publication by the USPTO....more

Forward-Publishing Your Patents? Best and Worst Case Scenarios...

Patents are a tool to discourage inventors to keep trade secrets, by trading public disclosure for a limited monopoly. Forward-publishing an application is a deliberate embrace of this philosophy, eliminating even the...more

How the 'Internet of Things' Will Impact eDiscovery

Big data is only going to get bigger, my friends....more

How the ‘Internet of Things’ Will Impact Data Security and Privacy

Who ultimately owns the data? How will your data be shared? Wouldn’t health insurance companies love access to your fit monitor data to set their premiums?...more

Gone Baby Gone — Recovery of Stolen Bitcoins in Mt. Gox Bankruptcy

Mt. Gox filed for bankruptcy protection in Japan alleging that nearly all of the exchanges’ 850,000 bitcoins worth half-a-billon dollars had been looted by hackers. Customers were left asking whether any of their bitcoins are...more

Real Money Cannot Be Invented: What Bitcoin & Other Virtual Currencies Need to Be Legitimate

All real money arises out of market transactions in a process that is unplanned and decentralized....more

Could Bitcoin Make Retail Cybersecurity Obsolete?

Interesting question, but life is never easy, and digital currency brings its own set of challenges...more

Quentin Tarantino’s Lawsuit Against Gawker: Enjoy!

Quentin Tarantino's case could ultimately turn on one little word at the end of Gawker's story...more

3 Bitcoin Lessons for Designing a Private and Secure Payment System

Although reasonable people may disagree about whether Bitcoin is that ideal payment system, Bitcoin is worth studying for its privacy and security lessons and its potential to emerge as an important additional payment system....more

What Marijuana Legalization Means for Your Drug-Free Workplace Policies

Drug-free workplace policies are in place to help ensure that employees come to work ready and able to work, and that they don’t endanger others while they are working. But beyond that, the issues become more complex, and...more

What Employers Need to Know About Marijuana Legalization in Colorado and Washington

Employers should brace for a number of lawsuits trying to expand these laws into something the courts have already said they're not: a right to have marijuana in one's system at work....more

How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...more

A Huge Win for Employers: Q&A With Horton's Lead Lawyer About Today's D.R. Horton v. NLRB Decision

Today, the 5th U.S. Circuit Court of Appeals issued their much anticipated decision in D.R. Horton v. NLRB, overturning an earlier National Labor Relations Board ruling on worker arbitration agreements that was at the heart...more

FDA and 23andMe: Innovation Will Never Prevail If the Innovator Fails to Properly Manage Their Relationship with the Regulator

The FDA order against 23andMe to stop genetic testing shows that in the balance between regulation and innovation, innovation will never prevail if the innovator fails to properly manage its relationship with the...more

The FDA Order Against 23andMe Shows That in the Balance Between Regulation and Innovation...

The FDA order against 23andMe to stop genetic testing shows that in the balance between regulation and innovation the FDA occasionally must address an age old debate...more

How Will the Rise of Google Glass Impact e-Discovery?

Google glass will impact ediscovery in two ways. The first is evolutionary: there is no doubt that courts will deem non-privileged, relevant electronically stored information (ESI) on these devices as a discoverable type of...more

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