Michigan is poised to become the next state to adopt a data security law similar to the Insurance Data Security Model Law advocated by the National Association of Insurance Commissioners (NAIC). Michigan House Bill 6491, passed by the Michigan House during Michigan’s 99th Legislative Session on December 6, 2018, and passed by the Michigan Senate on December 19, 2018, was presented to its then-Governor Rick Snyder on December 27, 2018.
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Michigan Next State to Adopt Insurance Data Security Model Law Posted on: January 03, 2019 In: Data Privacy & Cybersecurity
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Cybersecurity Resolutions for 2019 Posted on: December 28, 2018 In: Data Privacy & CybersecurityA new year is upon us, which means people across the world will resolve to exercise more, eat healthier, eliminate financial debt and, most importantly, enhance their cybersecurity over the coming year. More than the typical New Year’s resolutions, improving your individual and corporate cybersecurity defenses can be easier to achieve and sustain. With that in mind, here are a few cybersecurity resolutions to add to your new year’s list, and a few tips for achieving them in 2019.
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The Other Shoe Drops: CA Appellate Court Holds Non-Solicitation of Employees Restrictions Also Unenforceable Posted on: December 21, 2018 In: Intellectual Property & TechnologySince 2008, California courts have refused to enforce non-solicitation of customer provisions in employment contracts. On November 1, 2018, in AMN Healthcare, Inc. v Aya Healthcare Services, Inc., the California Court of Appeal for the Fourth Appellate District expanded this concept to include non-solicitation of employees restrictions (also known as anti-raiding provisions) as well.
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“Blurred Lines” Final Judgment May Signal Paradigm Shift for Entertainment Copyright Law Posted on: December 19, 2018 In: Intellectual Property & TechnologyIn March 2018, the Ninth Circuit Court of Appeals rendered a landmark decision in the copyright infringement litigation surrounding Pharrell Williams and Robin Thicke’s song, “Blurred Lines.” The appellate court upheld a 2015 jury verdict finding that ”Blurred Lines” infringed Marvin Gaye’s copyright to the 1977 hit “Got to Give it Up” because the two songs were too similar.
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Federal Circuit Warns Patent Holders to Reconsider Cease and Desist Letters Posted on: December 11, 2018 In: Intellectual Property & TechnologySending a cease and desist letter to a patent infringer should never be taken lightly. In particular, patent-related demand letters can have a profound impact on both substantive and procedural strategic decisions. In its recent decision in Jack Henry & Associated et al v. Plano Encryption Technologies, LLC, the Federal Circuit determined that the mere sending of a cease and desist letter could force the sender to litigate the issues outlined in the letter in the home court of the accused infringer.
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2018 in review – Inter Partes Review Developments, Part 2 of 2 Posted on: December 11, 2018 In: Intellectual Property & TechnologyFollowing the Oil States decision in which the Supreme Court invoked the public rights doctrine to protect the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review (IPR), the Federal Circuit used a similar line of reasoning to determine whether tribal sovereign immunity could bar this form of patent review.
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2018 in review – Inter Partes Review Developments, Part 1 of 2 Posted on: December 07, 2018 In: Intellectual Property & TechnologyIn one of the most heavily anticipated, and in some ways controversial, decision of the year, the Supreme Court ruled in Oil States Energy Services v. Green’s Energy Group to uphold the Patent Trial and Appeal Board’s (PTAB) authority to invalidate patents by inter partes review.
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Welcome to Lewis Brisbois’ IP & Technology Law Blog Posted on: December 05, 2018 In: Intellectual Property & TechnologyThe realm of Intellectual Property and Technology law can be tough to keep up with. The 10 millionth US patent was issued in June 2018. Valuable IP and strong branding are coveted business assets for both established and start-up companies, nationally and internationally. In recent years, the amount of IP and patent litigation has soared, and the rapid pace of technological development will only see these cases increase as companies seek to protect and defend their creative assets.
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Lack of Code Diversity in Cryptocurrency Ethereum May be Propagating Bad Code Posted on: November 12, 2018 In: Data Privacy & CybersecurityEthereum, one of the most popular cryptocurrencies with a market cap of more than $21.8 billon, is causing serious anxiety in the cryptocurrency marketplace. Code integrity concerns have resulted in $170 million in cryptocurrency being frozen, and one recent security compromise caused $38,000 in losses to users. New research has further heightened concerns about the coin’s ecosystem itself.
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Social Media and the Workplace – Why and How Employers Should Limit the Use of Social Media in the Workplace Posted on: November 09, 2018 In: Data Privacy & CybersecuritySocial media has revolutionized the way people communicate and stay in contact with one another. But in the workplace, trying to “friend” an employee or sharing a photo with sensitive information in the background can create legal liabilities that employers may not have thought about before.
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New Canadian Data Breach Notification Requirements Take Effect as PIPEDA Amendments Come Into Force Posted on: October 31, 2018 In: Data Privacy & CybersecurityOn November 1, 2018, the long-awaited amendments to Canada’s main federal data privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA), take effect.
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American Bar Association Issues Data Breach Guidance Posted on: October 23, 2018 In: Data Privacy & CybersecurityOn October 17, 2018, the American Bar Association (ABA) released Formal Opinion 483 (the Opinion) which formally recognized that lawyers have an ethical duty to notify clients whose confidential information is compromised by a data breach.
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Featured Posts
- January 29, 2019 Huawei Trade Secrets Indictment is Cautionary Tale for Tech Partnerships
- January 22, 2019 Modlishka – Exploiting Two-Factor Authentication
- January 17, 2019 Preserving Patent Rights on a Global Stage: Foreign Filing Options and How to Successfully Navigate Novelty Requirements
- January 08, 2019 Tax Return Theft: Tips for Prevention & Response
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