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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 -
JD Supra Perspectives

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

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

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

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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

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

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

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

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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

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

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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

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

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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

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

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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

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Not Everyone Can Run Elon Musk’s Playbook

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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

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

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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

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

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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

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

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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

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

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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

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Will Heartbleed Affect Data Breach Insurance Coverage?

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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

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

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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

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First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

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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

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

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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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