Legal Perspectives

Legal Perspectives is an editorial feature of JD Supra Law News where expert JD Supra contributors provide insight and analysis into timely legal topics. Legal Perspectives is designed to be a roundtable where... more +
Legal Perspectives is an editorial feature of JD Supra Law News where expert JD Supra contributors provide insight and analysis into timely legal topics. Legal Perspectives is designed to be a roundtable where readers are given the most accurate, interesting and diverse commentary from leading experts in the field.  less -
News & Analysis as of

FTC v. Wyndham: The Litigation Goes On, But Other Lessons To Learn

It’s fair to say that the opinion by the Third Circuit Court of Appeals in FTC v. Wyndham was a set-back for Wyndham, but for businesses it may be just the right wake-up call....more

5 Things Companies Should Know About the Slowdown in China

The dramatic drops in the Shanghai, Shenzhen and Hong Kong stock markets have produced very obvious repercussions in global markets. In China, the nature and extent of the market drops have not been clearly reported, and in...more

U.S. Work Visas for International Startup Entrepreneurs: Plan Well, Know Your Options

The best way to ensure compliance with immigration regulations is to plan as far in advance as possible and to know when it is necessary to obtain a visa. ...more

Two Key Insurance Considerations For Startups

Startups have numerous and different insurance needs and will face many challenges as new businesses, but by considering whether general liability and key person insurance are appropriate products they will likely be better...more

Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

Immigration Law for Startups: Best Practices, Prime Options, and Common Pitfalls

Guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas, or foreign nationals overseas who wish to enter the...more

Who's in the House? Recent Moves by General Counsel, Legal Officers, and Corporate Leaders

A look at recent moves and promotions for general counsel, in-house lawyers, and other corporate leaders for the week ending August 14, 2015....more

Hiring Considerations for Startups: A Checklist

Generally, startups lack resources to hire human resources professionals, and employment-related issues are a distant priority. Navigating the hiring waters is difficult, but sensitivity to a number of issues can ease the...more

5 Bad Hiring & Firing Ideas Every Startup Entrepreneur Should Avoid

Five common employment-related mistakes startups make when launching their business (and why to avoid them before things get costly)....more

Some thoughts on the Top 5 Bad Excuses for Resisting Legal Project Management

Pam Woldow and Doug Richardson penned a terrific post, Top 5 Bad Excuses for Resisting Legal Project Management. I wanted to compliment them and share some thoughts on the 5 excuses. 1. My clients don’t want or need LPM. I...more

Who's in the House? Recent Moves by General Counsel, Legal Officers, and Corporate Leaders

A look at recent moves and promotions for general counsel, in-house lawyers, and other corporate leaders for the week of July 24, 2015....more

Who Can Sue Polluters? New Texas Law HB 1794 Stirs Debate

A perspective on new Texas legislation HB 1794 by Gerald Pels one of the leaders of the Texas environmental legal community for over 30 years....more

Largest Breach in U.S. Government History Is a Wake-Up Call on Need for Encryption

Employees are reasonable in assuming that their employer is protecting their personal information from compromise. The obvious way to do that is to maintain appropriate encryption technology. Simply put: encryption,...more

How to Avoid Choosing the Wrong Cybersecurity Firm

Although the inherent nature of cybersecurity radiates urgency, businesses should not let this characteristic dictate the vendor selection process....more

Who Wins With Google's New Patent Marketplace (Other Than Google)?

There’s something off about Google’s Patent Purchase Promotion....more

From Wild West to SEC Regulation: Overstock.com’s Proposed Digital Securities & the Lessons of Bitcoin

A first look at Overstock.com's proposal to use a Bitcoin-like technology to distribute and trade in digital securities....more

DMCA Exemptions: Protection of Legitimate Rights or Facilitation of Infringement?

A recent Wired magazine articles accuses John Deere and General Motors of trying to “eviscerate the notion of ownership.” It is not a “twisted vision of ownership,” by John Deere, but a misunderstanding of copyright law by...more

Texas Bankruptcy Court 'Likes' Facebook and Twitter Accounts as Property of the Reorganized Debtor

Bankruptcy courts will continue to confront issues involving social media assets for one primary reason: social media is now an indispensable part of the modern business model....more

Social Media Accounts in Bankruptcy: Business or Personal?

A bankruptcy judge for the Southern District of Texas recently wrote a 30-page opinion – and sent a man to jail for failure to comply with it – over a modern and unlikely issue: his Facebook page. ...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

A Modest Proposal (or Two)

Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of...more

The Basics of Net Neutrality – What 'You Oughta Know'

A brief background of Net Neutrality and, in the words of Alanis Morisette, what “You Oughta Know.” ...more

Sound Off: How SCOTUS Will Decide King v. Burwell - What Say You?

"What if you had a ticket to the apocalypse and a legal argument broke out instead?"And what if you had a chance to speak your mind? Go!...more

Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project

In-depth Q&A with attorney David A. Bateman about the Cyber Civil Rights Legal Project, which Bateman co-founded last year with K&L Gates colleague Elisa J. D'Amico to help victims of revenge porn. We wanted to learn...more

Coverage for Protests or Civil Unrest: Are These Losses Insurable?

The recent episodes of protest and civil unrest following polarizing decisions in areas like Ferguson, Missouri and New York City have raised concern over the potential to insure against the losses that may be associated with...more

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