In a decision that did not surprise many, the United State Supreme Court held unanimously that indeed, the Copyright Act means what is says, namely, “no civil action for infringement of the copyright in any United State work shall be instituted until… registration of the copyright claim has been made in accordance with this title.”
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Supreme Court Concludes That Copyright Registration Is A Prerequisite To Filing Copyright Lawsuit Posted on: March 04, 2019 In: Intellectual Property & Technology
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Illinois Expands the Definition of “Injury” Under the Biometric Information Privacy Act Posted on: March 01, 2019 In: Data Privacy & CybersecurityA recent decision issued by the Supreme Court of Illinois seems to stand for the proposition that the risk of harm to an individual stemming from a violation of the Illinois Biometric Privacy Act is so great that an impacted individual need not establish actual harm or injury to bring a claim. Rather, according to the Supreme Court of Illinois, exposure to the risk of actual harm or injury, standing alone, is sufficient.
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4 Tips to Get the Most Out of Your Payroll Company Posted on: February 28, 2019 In: Labor & EmploymentPayroll companies are often an invaluable resource in operating your business, but they can also be a source of frustration or, in the worst case scenario, potential legal exposure. Having worked with clients to help resolve payroll issues or defend litigation relating to payroll processing, we have a few helpful tips to ensure that your business is getting the most out of your payroll company and securing compliance with applicable employment laws.
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It’s a Bird, It’s a Plane, No… It’s Cryptojacking! Posted on: February 27, 2019 In: Data Privacy & CybersecurityYou attempt to log on to your computer, but it is non-responsive. Other users are also having trouble logging on. The system becomes so slow that it is non-functional. Is it an encryption attack? Is there some sort of malware affecting the network that will result in some form of extortionate demand? Or is it something else? Could it be that someone has “cryptojacked” the network?
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HIPAA Breach Reporting: Focus on Remediation in Responding to an HHS/OCR Investigation Posted on: February 25, 2019 In: Data Privacy & CybersecurityLast year was another banner year for HIPAA data breaches reported to the Department of Human Services Office of Civil Rights (HHS/OCR), and the reporting period hasn’t yet closed, as organizations experiencing breaches affecting fewer than 500 individuals have until 60 days after the end of the calendar year in which the breach occurred to make the report.
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Non-Competition Agreements 101 Posted on: February 25, 2019 In: Labor & EmploymentWhether you’re a company leader worried about a valued employee resigning to join a competing business, or an employee concerned about your ability to continue working in your field of choice for several years, non-competition agreements affect your choices, career decisions, and long-term plans. Both employers and employees should be mindful about any agreements they enter into that may affect post-employment rights.
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Protecting Your “Secret Sauce” Posted on: February 25, 2019 In: Labor & EmploymentYou’ve got certain stuff in your business that sets you apart from your competitors. When I speak with clients and friends about my area of legal practice, I usually refer to this stuff as a company’s “secret sauce.”
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Welcome to The Grindstone, Lewis Brisbois’s Labor & Employment Blog Posted on: February 25, 2019 In: Labor & EmploymentIn this day and age, we demand information at our fingertips, and expect answers that will guide our decisions within seconds. When running a business, this desire is even more pronounced, as one is often faced with situations that require quick, but well-informed, decisions. And with literally millions of sources that purport to provide you with accurate information, how are you to know what information you can trust?
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PTAB Denies Post-Grant Review Request That Relied on Social Media Evidence Posted on: February 04, 2019 In: Intellectual Property & TechnologyThe Patent Trial and Appeal Board (PTAB) recently denied a request for a post-grant review of a design patent that relied on evidence from social media, casting doubt on the ability to use such evidence when attempting to invalidate patents.
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Cybersecurity: Who Can Certify Compliance to the NYDFS Posted on: January 30, 2019 In: Data Privacy & CybersecurityThe New York State Department of Financial Services (NYDFS) Cyber Security Regulation for Financial Services Companies 23 NYCRR 500, enacted in March 2017 (the “Regulation”), sets out the required framework for regulated entities’ information security programs. The NYDFS Cybersecurity Regulation applies to “Covered Entities,” which are organizations required to operate under NYDFS...
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Huawei Trade Secrets Indictment is Cautionary Tale for Tech Partnerships Posted on: January 29, 2019 In: Intellectual Property & TechnologyIn a case that will be watched closely by both national security personnel and intellectual property counsellors in the United States and China, federal prosecutors unsealed a 10-count indictment in the Western District of Washington State on Thursday, January 28, 2019 against Huawei Device Company Ltd. and Huawei Device Company, U.S.A. Huawei is the largest supplier of telecom equipment in the world and the indictment charges the company with theft of trade secrets conspiracy, attempted theft of trade
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Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine Posted on: January 24, 2019 In: Intellectual Property & TechnologyThe U.S. Supreme Court recently ruled that the phrase “or otherwise available to the public” added to 35 U.S.C. § 102 in the America Invents Act in 2011 did not change the “on-sale” doctrine, which provides that patent protection cannot be granted for an invention that was on-sale more than one year before the effective filing date of the patent.
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