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

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

The Supreme Court’s 'Non-Decision' On Same-Sex Marriage: The Impact On Employee Benefits After 'Windsor'

This is a rally call for employers to evaluate employee benefit plan documents for compliance....more

It’s All Over But the Shouting! What Do Employers Do Now That Gay Marriage Is Effectively Legal Everywhere?

By denying cert in seven cases covering five states, the Supreme Court effectively legalized gay marriage in most, if not all of the United States....more

SiriusXM and Pre-1972 Recordings Not So Happy Together

The two founding members of the Turtles just prevailed in a lawsuit against SiriusXM sure to rock the music industry and, perhaps, take a lot of music out of circulation....more

The Celebrity Hacking Scandal and You: 3 Takeaways for Everyone

With little ability to undo the damage caused by an embarrassing data breach, nearly insurmountable obstacles preclude a civil/criminal prosecution, and a cloud service agreement rendering a contract action against the...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Protecting Your Employees (And Your Company's Image) Online

The best and most effective way an employer can combat social media-focused harassment is through education and training on what behavior the company will and will not find acceptable....more

The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post...more

Zelda Williams and Social Media Decency

Social media commentators can be feral. This is largely due to a psychological phenomenon known as the online disinhibition effect. The relative anonymity of social media communications, for some, opens the door for cruel and...more

The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

Both decisions addressed whether tax credits are available for residents in states that have federally-facilitated health exchanges. The District of Columbia Court of Appeals said “no”; the Fourth Circuit Court of Appeals...more

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

5 Attributes of a Successful Non-Compete Agreement

Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more

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