The Lexis Practice Advisor Journal™ Practical Guidance Backed by Experts

IP & Technology

Current Updates and Legal DevelopmentsPosted on 12-19-2017

D.C. COURT ORDERS EEOC TO RECONSIDER WORKPLACE WELLNESS RULES IN AN ACTION BROUGHT BY THE AMERICAN ASSOCIATION of Retired Persons (AARP), the U.S. District Court for the District of Columbia has ordered the U.S. Equal Employment Opportunity Commission (EEOC) to reconsider two regulations related to... Read More

Life Sciences: Strategies for Overcoming Early Litigation Challenges to Patent EligibilityPosted on 12-19-2017

By: Michael Furrow and Shannon Clark , Fitzpatrick, Cella, Harper & Scinto                                        Introduction Section 101 of the Patent Act provides: “Whoever... Read More

In-House Counsel’s Role In Cybersecurity & Data ProtectionPosted on 10-31-2017

THE CONDUCTOR CANNOT HOPE TO KNOW EVERYTHING about each section of the orchestra, (e.g., what strings, woodwinds, brass, and percussion must do in order to play their part). However, each section (and subsection) has its own chair who can determine that with the help of internal or external advisors... Read More

Current Updates And Legal DevelopmentsPosted on 10-31-2017

SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT By: Lexis Practice Advisor Staff THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees... Read More

What Companies Need to Know about Protecting Confidential Information under the New ACC GuidelinesPosted on 10-31-2017

By: Stephen E. Reynolds and Nicole R. Woods ICE MILLER LLP In response to the increased concern surrounding cybersecurity, the Association of Corporate Counsel (ACC) has released the Model Information Protection and Security Controls for Outside Counsel Possessing Company Confidential Information... Read More

Current Updates and Legal Developments - Fall 2017Posted on 09-27-2017

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII REMAINS HOT-BUTTON ISSUE By: Bender’s Labor & Employment Bulletin, Volume 17, Issue 7 RECENTLY, THREE OF THE U.S. CIRCUIT COURTS OF APPEAL addressed the issue of whether discrimination on account of an individual’s sexual orientation... Read More

Drafting a Motion to Dismiss a Patent Infringement Complaint for Failure to State a Claim under Rule 12Posted on 09-27-2017

By: John DeFosse FRIED FRANK, HARRIS, SHRIVER & JACOBSON LLP THIS ARTICLE EXPLAINS THE STRATEGIC AND PRACTICAL considerations associated with filing a motion to dismiss claims of patent infringement under Rule 12(b)(6) of the Federal Rules of Civil Procedure and discusses the legal grounds that... Read More

Copyrights in the Fashion Industry – Tips for Protecting DesignsPosted on 09-27-2017

By: Seth Appel PATTISHALL, MCAULIFFE, NEWBURY, HILLIARD & GERALDSON LLP THE U.S. SUPREME COURT CONFIRMED THAT ARTISTIC designs on clothing can be subject to copyright protection in Star Athletica, L.L.C. v. Varsity Brands, Inc., 137 S.Ct. 1002 (2017) . This landmark decision follows years of uncertainty... Read More

Drafting a Trademark Cease and Desist LetterPosted on 06-07-2017

By: Roberta Jacobs-Meadway and Roger LaLonde, ECKERT SEAMANS CHERIN & MELLOTT, LLC BEFORE SENDING A TRADEMARK CEASE AND DESIST LETTER on behalf of a client, it is imperative to conduct due diligence and to carefully consider the content and tone of the letter. Such letters may range from a polite... Read More

Preparing for Artificial Intelligence in the Legal ProfessionPosted on 06-07-2017

By: Dennis Garcia, Microsoft Assistant General Counsel One of the very hot topics so far in 2017 is artificial intelligence (AI) and its potential disruptive impact on the legal profession. Questions ranging from, “Will AI replace lawyers?” to “Does it make sense to attend law school... Read More

U.S. Patent Office Launches PTAB Procedural Reform Initiative - Practice News, Summer 2017Posted on 06-07-2017

THE UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) With the enactment of the America Invents Act in 2011, the PTAB was charged with conducting proceedings to address challenges to existing patents. Those proceedings “have significantly changed the patent landscape by providing a faster, cost... Read More

Patent Litigation Strategies Against Patent TrollsPosted on 02-09-2017

By: Matthew Bernstein , Perkins Coie LLP. THE MAJORITY OF PATENT CASES ARE BROUGHT BY non-practicing entities (NPEs), also called patent trolls or patent assertion entities (PAEs). These parties litigate or license their patents but have no real products or services. NPE Lawsuits are commonly brought... Read More

A Look into Digital Media’s Influence on Brand Identity and Intellectual Property RightsPosted on 02-09-2017

Q&A with Po Yi , Partner at Venable LLP. Please provide some general background on the types of transactional work you do currently. I counsel and work with clients on the front end of their marketing activities. My practice focuses on business transactions and counseling in the areas of... Read More

Guidance on Ransomware Attacks under HIPAA and State Data Breach Notification LawsPosted on 02-09-2017

By: Amy M. Gordon, Ann Killilea, Michael G. Morgan, Susan M. Nash, and Angela M. Stockbridge , McDermott Will & Emery LLP. The U.S. Department of Health and Human Services (HHS) recently issued guidance under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities... Read More

Complying with the CAN-SPAM ActPosted on 11-08-2016

By Mark W. Brennan , Hogan Lovells US LLP The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act), 15 U.S.C. §§ 7701–7713 , imposes a number of detailed requirements on persons and entities that initiate and send commercial e-mail messages... Read More

The Demise of Safe Harbor and Rise of Privacy Shield: How Can Personal Information Now Be Exported from the EU to the United States?Posted on 11-08-2016

By: David Bender Special Counsel, Data Privacy, GTC Law Group. Since 2000, the Safe Harbor program has provided a relatively painless way for U.S. companies to import into the United States the personal information of European Union (EU) residents in compliance with the EU’s rigid restrictions... Read More

Attorney Cloud Computing for Technology Clients: A Patent and Trade Secret PerspectivePosted on 11-08-2016

By: Eric M. Dobrusin, Kristen L. Pursley, and Daniel P. Aleksynas , The Dobrusin Law Firm. A broad range of attorneys represent technology companies in some capacity, and therefore, potentially handle and store sensitive information related to patents or trade secrets. FOR EXAMPLE, YOU MAY BE A... Read More

A Guide to Protecting Children’s Privacy OnlinePosted on 11-08-2016

By: Angela Bozzuti Product Manager, Lexis Practice Advisor. THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT AND Rule ( COPPA ) is a federal law that places parents and legal guardians in control over the collection, use, and disclosure of their children’s personal information (PI). COPPA... Read More

Mobile App Privacy ConsiderationsPosted on 11-08-2016

By: Mark W. Brennan , Hogan Lovells US LLP. AS THE USE OF MOBILE DEVICES SUCH AS SMARTPHONES and tablets has become increasingly prevalent, mobile applications (mobile apps or apps) have also proliferated. Consumers use mobile apps to access social networks, conduct online banking, play games, listen... Read More

Helping Protect Clients from Cyber ThreatsPosted on 11-08-2016

By: Geoffrey H. Wold As cyber criminals become more sophisticated in their efforts to target cyber victims, organizations must also grow their capabilities to successfully combat and defeat them. The evolving nature of Internet crime presents a unique set of challenges, as crimes often overlap jurisdictional... Read More

Cell-Site Simulators and the Fourth Amendment: Government SurveillancePosted on 11-08-2016

By: James B. Astrachan and Christoper J. Lyon , Astrachan Gunst Thomas, P.C. IN JUNE 2001, THE LATE JUSTICE ANTONIN SCALIA REMARKED , “It would be foolish to contend that the degree of privacy secured to citizens by the Fourth Amendment has been entirely unaffected by the advance of technology... Read More

Credit Card Data Breaches: Protecting Companies from Hidden SurprisesPosted on 11-08-2016

By: David A. Zetoony, Bryan Cave LLP and Courtney K. Stout, Davis Wright Tremaine LLP. MOST RETAILERS DO NOT REALIZE THAT BY ACCEPTING credit cards they expose themselves to the risk of a data security breach and significant costs and legal liabilities. This article examines the key risks that a retailer... Read More

Drafting Privacy PoliciesPosted on 11-08-2016

By: Elizabeth C. Rogers , Greenberg Traurig, LLP.                  While there is no universal legal requirement that every company have a published privacy policy, consumers have become increasingly sensitized to the data collection practices of companies... Read More

A Briefing on Emerging Issues Impacting Transactional Practice - Special Edition: Cybersecurity Privacy & Data Protection 2016Posted on 11-08-2016

FEDERAL DEPOSIT INSURANCE CORPORATION STAYS FOCUSED ON CYBERSECURITY THE FDIC UPDATED ITS CYBERSECURITY WEBPAGE TO highlight what it called “a number of important steps to significantly enhance the protection of information held by the agency.” The FDIC said it has in the past several... Read More

Planning & Managing a Data BreachPosted on 11-08-2016

By: Elizabeth C. Rogers , Greenberg Traurig, LLP. A data breach occurs when sensitive, protected, and/or confidential information is stolen, accessed, or used without authorization. The information may include an individual’s personally identifiable information (PII), protected health information... Read More