Thought leaders from around the world contribute their perspectives on landmark cases, new legislation, and legal perspectives on new technologies, business practices, and civil procedure.
Randal J. Brotherhood
"It represents one of the most significant events in trade secret reform in years. The DTSA amends the Economic Espionage Act, which previously limited access to federal courts for trade secret theft to criminal prosecution."
The Defendant Trade Secrets Act of 2015 (“DTSA”), was signed into law by President Obama on May 11, 2016. The new statute creates broad private federal cause of action for trade secret misappropriation and has been hailed as “the most sweeping change to the nation’s intellectual property laws in a generation or more.”
While the FCPA doesn’t mention charitable contributions explicitly, the statute does prohibit giving “anything of value” to a foreign official to induce an official action to obtain or retain business.
Residential Security Deposits Provide Protection for a Landlord, but There can be Unexpected Pitfalls
Sander A. Rikleen
On tenant’s counterclaims, the court found that landlord had violated the security deposit statute by failing to provide tenant with a receipt acknowledging acceptance of the deposit, and failing to pay interest earned on the deposit over the multi-year tenancy.
What are ‘Reasonable Steps’ to Protect Personal Information’? 5 Key Lessons from the Privacy Commissioner’s Determinations
It is important to implement reasonable steps to protect any personal information they hold against misuse, interference, loss, unauthorized access, modification or disclosure.
Benjamin Caddaye, Law Clerk and Alicia Hill
With the changing of a contract in a franchise agreement, certain rights you thought you were entitled to might get lost in translation.
The FTC, on Jan. 5, 2017, filed a complaint in the Northern District of California against an IoT device manufacturer and its U.S. subsidiary for failure to take reasonable steps to secure the products that they sell to the United States market.
Jeff C. Dodd, Tonya Gray, Ben Setnick, John R. Hutchins, Rose Cordero Prey, and Mark A. Chapman
This week, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court undid the settled practice of virtually nationwide venue for patent infringement cases.
The first step for a company looking to go public is to assess its viability by establishing whether or not it has the critical mass required to be a publically traded entity.
Leading cases on the Supreme Court’s 2018 business docket.
A Way Forward
Samuel G. Kramer
Can bitcoin and other cryptocurrencies ever be adequate widespread substitutes for fiat money?
On April 19, 2017, after a two-week trial, a federal jury unanimously acquitted Revolutions Medical Corporation (RMCP) CEO Rondald Wheet on all three counts of securities fraud and false filings with the Securities and Exchange Commission (SEC).
Joan Roca Sagarra
From the public sector to the new cooperative private businesses, we will have to review the traditional legal institutions.
The Burden of Substantiation and Proof in Continental European Civil Procedure and the Taking of Evidence in International Arbitration
Dr. Wolfgang Kühn and Katharina Walter
Civil procedures in Germany are governed by the principles of factual substantiation and burden of proof.
Until the law enters into force in 2018, stock companies will continue to be unable to voluntarily delist from the stock market and are compelled to find other ways to do so.
The objects of the Hague Convention on the Civil Aspects of International Child Abduction (hereinafter "Convention") are to "secure the prompt return of children wrongfully removed" from their country of habitual residence, and "ensure the rights of custody and of access under the law of one contracting state are effectively respected." Convention, Article 1.
A time of changes, challenges, and opportunities.
Attorneys recognized by Best Lawyers can now position themselves as reliable industry resources.
Is it a problem to use an app on your phone, such as TapeACall or Automatic Call Recorder, to record a call?
The Defend Trade Secrets Act of 2016 (DTSA) has been touted as a game changer.
The claimants’ workers’ compensation bar in Pennsylvania scored a significant victory when the state’s high court issued its decision in Protz v. WCAB.
Anthony J. Enea
There are numerous legitimate and logical reasons for the creation of a joint account. However, when an Article 81 Guardianship Proceeding is commenced and the Alleged Incapacitated Person (“AIP”) has accounts jointly owned with another person, it is imperative for the Petitioner to determine the reason the joint account(s) was created ...
Data breaches have become inevitable. Here’s what you can do to respond.
Elizabeth S. Fitch and Theodore M. Schaer
Cybersecurity and the Claims and Litigation Management Alliance’s School of Cyber Claims
Mariano Roca López
New tax incentives show the Spanish government investing in audiovisual production in the Canary Islands and beyond.
Anthony J. Enea
The question most pet owners’ face is what steps they can undertake to ensure that their pet or other domestic animal is properly provided for in the event of their demise.