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New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

Can Mike Huckabee Get an Amen! for his “Eye of the Tiger” Copyright Infringement Defense?

During his presidential campaign last September, former Arkansas Governor Mike Huckabee made a well-publicized appearance at a rally for Kim Davis, the Kentucky clerk who was jailed for refusing to issue marriage licenses to...more

Will The Real Super Bowl Advertisers Please Stand Up?

It’s over. Super Bowl 50 is now a part of history. Living in Indianapolis, I am very happy for Peyton Manning. Whatever he decides, and I think we all know what’s coming, he can go out on top, proud of the legacy he left...more

OFAC Finds "Facilitation" Violation Against Health Product Giant

The Office of Foreign Asset Control (OFAC) reminded the public Thursday of the breadth and danger of the prohibition on "facilitation" of transactions with sanctioned entities and countries and the importance of carefully...more

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

As colleges and universities begin new terms, not all students are returning to the classroom. Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in...more

The Long Long Game: The EU Financial Regulatory Agenda Into 2016 and Beyond

2016 will mark the eighth anniversary of the collapse of Lehman Brothers and the raft of regulatory reforms introduced in the aftermath of that event and the wider financial crisis will continue to be implemented during the...more

Final Office Actions - Sometimes Final Is Not So Final

Patent prosecution is a back and forth dialogue to get the broadest coverage allowable. In order to keep from bogging down the system, the USPTO can issue a Final Office Action to close off prosecution. There are limited...more

What GCs Need to Know About Settling Employment Claims

As we noted in a recent post on another topic, most of the lawyers we know who serve as general counsel are stretched pretty thin. It’s just not possible for them to become expert in all the areas of law they encounter....more

What To Expect When You're Not Expecting: How To Handle Unplanned Visits From Federal Agencies

The unannounced arrival of an investigator from a federal agency is an unwelcome business interruption which can be a drain on productive time and arouse collective anxiety in your business environment. Effective management...more

The Key to Convincing Presentations - In Conversation with Michael Baldwin

First in a series accompanying The Control Room: Conversations for Growing Companies, an interview series with entrepreneurs and experts....more

No Excuses for Untimely Proposal Submissions - Even if it's Not Your Fault

We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely. In line with these decisions, GAO has again demonstrated its...more

Business Plan Basics

Every business should have a plan—from tech start-ups to law firms. The process of creating a document that details the thoughts and ideas of the owners or founders of the business allows for a realistic appraisal of the...more

Make the Most of your Mediation: The Employment Case

Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle...more

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Is LeBron James a “Medium of Expression” under the Copyright Act?  We May Soon Find Out.

Many professional athletes these days—particularly those in the National Basketball Association—have their bodies bedecked with all sorts of tattoos. It’s a trend that has steadily caught fire over the last several years...more

Charlottesville as a "Hotbed for Innovation": Fastest Growing Area in US for Venture Capital Funding

Where a court is located often determines the type of cases that it hears. For example, the "Rocket Docket" of the Eastern District of Virginia hears a large number of patent and technology-related cases both because of the...more

Finding Clients by Telling Stories

On the morning of Halloween 2003, 13-year-old Bethany Hamilton was surfing close to her home on the island of Kauai. Bethany had big plans. She was training for her next surf competition, a stepping stone for bigger...more

10 Essentials for a Well-Drafted Litigation Hold Notice

This post is the second in a our Legal Hold Practical Advice Series. You just learned that your company was (or probably will be) sued. How should you go about informing key employees to preserve evidence?...more

Practical Post-Grant Tip: Waiver of Service

When considering an inter partes review in conjunction with a pending patent infringement suit, defendants must time the filing of their petition to beat the one-year-from-service bar imposed by 35 U.S.C. § 315(b). ...more

Retooling Your Practice Under the New Rules with The Sedona Conference Institute: a Case Summary (Part 2)

Every year, The Sedona Conference Institute keeps us ahead of the e-discovery curve with panels such as the famous Case Law Update and Judicial Roundtable. This year’s Institute will be devoted to the changes in the Federal...more

Seventh Circuit Weighs In On One-Way Intervention

Does plaintiff’s contemporaneous filing of a motion for summary judgment and a motion for class certification violate the rule against one-way intervention? In Costello, plaintiff filed his motions for summary judgment and...more

So you want to protect your software: Tactics, options, and considerations post-Alice

Since its first development, intellectual property law has struggled with how to best protect software. Initially, developers could only choose between copyright or trade secret protection to protect their innovative...more

5 Usability Mistakes that Impact Attorney SEO (and how to fix them)

Google’s core algorithm is one of the most sophisticated in the world yet it still has trouble understanding text, it cannot see images or watch video in the same ways that humans are able to see and understand these forms of...more

Wait… Did you say jail time for trademark infringement?

Imprisonment in intellectual property infringement cases is rare - although not unheard of. The message from a recent Canadian Federal Court decision is… don’t mess with the Court. They expect compliance with their orders and...more

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