Posts tagged with: "articles"
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16 Apr 2014, 11:08 am by Hunton & Williams LLP
On April 10, 2014, the Article 29 Working Party (the “Working Party”) adopted Opinion 04/2014. The Opinion analyzes the implications of electronic surveillance programs on the right to privacy and provides several recommendations for protecting EU personal data in the surveillance context. Since the Snowden revelations began last year, the Working Party has been expected to release its official point of view on surveillance activities of intelligence services, both in the United States… [read post]
16 Apr 2014, 10:14 am by Edward M. McNally
Authored by Edward M. McNallyThis article was originally published in the Delaware Business Court Insider | April 16, 2014  Delaware continues to expand its enforcement of agreements not to compete with one's former employer. The latest step in this path to enforcement is the recognition that a noncompete and nonsolicitation agreement may be entered into by a mere click of the "accept" button on a computer screen. The Delaware Court of Chancery just upheld such agreements in… [read post]
16 Apr 2014, 9:57 am by Dylan Ballard
On March 27, in the latest major development in Motorola Mobility’s lawsuit alleging price-fixing of liquid crystal display modules (LCDs), a three-judge panel of the Seventh Circuit, including renowned antitrust jurist Judge Richard Posner, simultaneously granted Motorola’s petition for interlocutory appeal and affirmed a ruling by U.S. District Judge Joan B. Gottschall that more than 99% of Motorola’s $5.4 billion in claimed damages are beyond U.S. antitrust jurisdiction under… [read post]
16 Apr 2014, 8:30 am by Dan Ernst
James E. Pfander and Daniel D. Birk, Northwestern University School of Law, have posted Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction, which is forthcoming in the Yale Law Journal.  Here is the abstract:     The jurisprudence of Article III has so far failed to confront a fundamental tension in the theory of adverse parties. On the one hand, Article III has been said to limit the federal courts to the resolution of concrete… [read post]
16 Apr 2014, 8:00 am by Joe Markowitz
The problem with payment plans is that they are a nuisance to enforce. It seems that more often than not, the party that is supposed to make the payments at some point stops keeping up with its obligations, and the party to whom the payments are due has to take some action to get the payment plan back on track. Naturally, people at the time of entering into such arrangements usually want to avoid these problems. The debtor wants an agreement that they can perform, and the creditor wants the best… [read post]
16 Apr 2014, 7:32 am by admin
April 16, 2014 Facebook recently announced some new changes to combat News Feed spam (see: News Feed FYI: Cleaning Up News Feed Spam).  In making the announcement, Facebook said: “The goal of News Feed is to deliver the right content to the right people at the right time so they don’t miss the stories that are important and relevant to them.  Today we are announcing a series of improvements to News Feed to reduce stories that people frequently tell us are spammy and that they… [read post]
16 Apr 2014, 7:27 am by admin
April 16, 2014 Facebook recently announced some new changes to combat News Feed spam (see: News Feed FYI: Cleaning Up News Feed Spam).  In making the announcement, Facebook said: “The goal of News Feed is to deliver the right content to the right people at the right time so they don’t miss the stories that are important and relevant to them.  Today we are announcing a series of improvements to News Feed to reduce stories that people frequently tell us are spammy and that they… [read post]
16 Apr 2014, 6:59 am by Craig Penney
For criminal lawyers, the words “second opinion” continue to be tainted with the ignoble practice of scooping. They deserve more respect, as there can be significant benefits to both clients and lawyers. When approached, here are a few simple guidelines that help separate the “sage” from the “scooper”: LSUC Rule 6.03(8) permits second opinions, but it is an exception to Rule 6.03(7) prohibiting you from approaching or communicating with a represented person except… [read post]
16 Apr 2014, 6:48 am by Charlotte Bamford, Olswang LLP
On 12 March 2014 Lord Neuberger gave a speech to the House of Commons (titled the Rainbow Lecture 2014), the purpose of which was to address the issues of minority representation in the legal sphere. Lord Neuberger acknowledged that “it is much, much easier to talk, write, compile statistics and pontificate about the important issues than it is actually to do something about them”, but highlighted that there have been improvements in the area. He mentioned steps that had been taken to… [read post]
16 Apr 2014, 6:30 am by Dan Ernst
Suja A. Thomas, University of Illinois College of Law, has posted Blackstone's Curse: The Fall of the Criminal, Civil, and Grand Juries and the Rise of the Executive, the Legislature, the Judiciary, and the States, which also appears in the William & Mary Law Review 55 (2014).  Here is the abstract:     Jury Box, Metzenbaum Courthouse, Cleveland (Highsmith/LC)When we watch television and movies, criminal, civil, and grand juries are portrayed as performing significant… [read post]
16 Apr 2014, 5:00 am by Dolly Krishnaswamy
“Without a strong healthy business nothing else really matters--not even IP. A successful IP [plan] is one that follows the business and strategizes to meet its goals,” says Cynthia Raposo, Senior Vice President of Underarmour. The questions that need to be answered that go into formulating an intellectual property strategy--like when the company wants a profit, whether it is interested in attracting investors or academic collaborations or buyers, whether it will become a public or… [read post]
16 Apr 2014, 5:00 am by Dolly Krishnaswamy
“Without a strong healthy business nothing else really matters--not even IP. A successful IP [plan] is one that follows the business and strategizes to meet its goals,” says Cynthia Raposo, Senior Vice President of Underarmour. The questions that need to be answered that go into formulating an intellectual property strategy--like when the company wants a profit, whether it is interested in attracting investors or academic collaborations or buyers, whether it will become a public or… [read post]
16 Apr 2014, 4:00 am by Erika Stein Rosenhagen
This is somewhat correct: I clearly remember reading anomalous cases in law school about concepts like Holographic Wills and whether something as simple as “I leave everything to my wife” is a Will. A gentle […]Estate Planning Myth #4: Anyone can write a simple will is a post from: Epilawg [read post]
15 Apr 2014, 10:02 pm by Michael J. Brown
The United States and Denmark are at war. Not against each other, but against a common enemy — Salmonella on poultry products. Recently, there has been attention in the media about Denmark’s attempts to eradicate Salmonella from its poultry supply. Like Denmark, the U.S. poultry industry and the federal government recognize that Salmonella is a very serious issue and we use the best science, data and technologies available to protect public health. Like Denmark,… [read post]
15 Apr 2014, 9:30 pm by Karen Tani
Beth A. Colgan (Stanford Law School) has posted "Reviving the Excessive Fines Clause," which appears in Volume 102, no. 2 of the California Law Review (2014). Here's the abstract:Millions of American adults and children struggle with debt stemming from economic sanctions issued by the criminal and juvenile courts. For those unable to pay, the consequences — including incarceration, exclusion from public benefits, and persistent poverty — can be draconian and perpetual. The Supreme Court… [read post]
15 Apr 2014, 2:54 pm by admin
Guest post by Amy Sullivan Cahill (member Stites & Harbison PLLC, Louisville KY) False, misleading or fake “likes”, “favorites” or “endorsements” have been a topic on my mind recently and one that I have found quite interesting, particularly since the recent U.S. Federal Trade Commission’s “warning” in the Cole Haan Pinterest contest case. In this important and relatively ground-breaking U.S. contest case, the U.S. FTC raised a question that… [read post]
15 Apr 2014, 2:38 pm by Jennifer Paul
 By Tobias Bosch and Jenny Paul  The European Court of Justice has issued a decision that appears to broaden the legal protection accorded to databases, finding that data scraping by dedicated meta search engines infringes the rights of the database creator in certain circumstances.Under European law, a database is protected if there has been a substantial investment in either the obtaining, verification or presentation of the contents of the database. If such an investment has been made,… [read post]
15 Apr 2014, 1:58 pm by Jonathan Bailey
As a music lover, I can’t think of a better time to be alive. Right now, my iTunes library contains nearly every song I’ve ever owned. Other than a few CDs that never got ripped, virtually any track I’ve bought, from almost any source, can be found on my computer in an easy-to-search, easy-to-locate catalog of music. But what about the tracks I never bought? What happens if Neil Diamond’s “Sweet Caroline” gets stuck in my head because one of my friends played it… [read post]
15 Apr 2014, 11:04 am by Legal Profession Prof
Two points to make about confidentiality, just as all us ethics profs are about to (spoiler alert) examine on it. One is that I note that there is an interesting article in the current Litigation magazine (the ABA's journal by... [read post]
15 Apr 2014, 10:34 am by Mandelman
Tom Deutsch absolutely hates the idea of using eminent domain to write down underwater loans for homeowners.  Tom is the Executive Director of the American Securitization Forum (ASF).   He has testified before Congress over a dozen times on various aspects of the residential mortgage and structured finance markets, and he was named by Institutional Investor Magazine as a Rising Star of both Fixed Income and Securitization in 2008. Since the meltdown of 2008 took down Wall Street’s… [read post]