Latest Blog Posts

• Blog: Intellectual Property & Technology
  Date: February 04, 2019 Title: PTAB Denies Post-Grant Review Request That Relied on Social Media Evidence
  Summary: The 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....
• Blog: Data Privacy & Cybersecurity
  Date: January 30, 2019 Title: Cybersecurity: Who Can Certify Compliance to the NYDFS
  Summary: The 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......
• Blog: Intellectual Property & Technology
  Date: January 29, 2019 Title: Huawei Trade Secrets Indictment is Cautionary Tale for Tech Partnerships
  Summary: In 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...
• Blog: Intellectual Property & Technology
  Date: January 24, 2019 Title: Supreme Court Rules that AIA Did Not Alter the On-Sale Doctrine
  Summary: The 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. ...
• Blog: Data Privacy & Cybersecurity
  Date: January 24, 2019 Title: Massachusetts Amends Data Breach Law Notice Requirements, Mandates Credit Monitoring Services
  Summary: Massachusetts recently updated its breach notification statute, requiring an organization to provide additional services for individuals and greater disclosures to state regulators when a data breach occurs. The changes go into effect on April 10, 2019 ...
• Blog: Intellectual Property & Technology
  Date: January 24, 2019 Title: Copyright First Sale Doctrine Inapplicable to “Used” Digital Music: Second Circuit
  Summary: Copyright law’s First Sale Doctrine is the foundation of the music resale business. This doctrine mandates that a lawful purchaser of a copy of a copyrighted work is free to resell that particular copy without infringing the copyright holder’s distribution rights. he digital music resale business, however, was recently presented with a serious obstacle by a Second Circuit decision....
• Blog: Data Privacy & Cybersecurity
  Date: January 22, 2019 Title: Modlishka – Exploiting Two-Factor Authentication
  Summary: Two-factor authentication (2FA) is a commonly used means of securing access to website accounts through easily understood login procedures. Once the user provides the required information, whether a password or site generated code, a session cookie is generated and a secure session is established between the user and the site. But what if an unauthorized person eavesdrops and collects the 2FA information or session cookie?...
• Blog: Data Privacy & Cybersecurity
  Date: January 17, 2019 Title: Identity Theft: The Crime of the New Millennium - Tips for Prevention and Recovery
  Summary: Twenty years ago, as I was working with the FBI and the Secret Service in prosecuting large identity theft rings – often associated with data breaches (although the term “data breach” had not yet entered our daily vernacular) – we created protocols to help consumers prevent identity theft and assist victims recovering from it....
• Blog: Intellectual Property & Technology
  Date: January 17, 2019 Title: Preserving Patent Rights on a Global Stage: Foreign Filing Options and How to Successfully Navigate Novelty Requirements
  Summary: Patent applicants often wish to expand patent protection by filing outside the U.S. These applicants can take advantage of a few options – direct filing, filing through the PCT, and regional filings. But, prior public disclosure of an invention could be an insurmountable hurdle that may prevent applicants from achieving their goals. ...
• Blog: Data Privacy & Cybersecurity
  Date: January 10, 2019 Title: W-2 Image Exploits: With the Tax Season Come the Thieves
  Summary: If you process or store Form W-2 Wage and Tax Statements, you are a target. The Form W-2 contains everything a malicious actor needs to file a false tax return with the Internal Revenue Service (IRS) and steal a refund. Because a W-2 contains a consumer Social Security number (SSN), it is highly valued on the dark web, and therefore highly sought after by thieves....