The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
The U.S. Securities and Exchange Commision’s “unbundling” requirements have largely been the stuff of SEC lore — periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s Greenlight Capital and Apple, the unbundling rules may finally be coming out of the shadows, say attorneys with King & Spalding LLP.
Assuming a feature of cloud-based email service warrants patent protection, a method claim may need to cover the conduct of two or three entities that act in concert to put the email application into service. For claims of that sort, the Akamai decision makes proving induced infringement easier, says Steven Amundson of Frommer Lawrence & Haug LLP.
The Federal Communications Commission’s long-anticipated ruling in the Charvat v. Echostar and U.S. v. Dish Network LLP matter is significant because it confirms that companies that do not exercise undue levels of control over their telemarketers or their call centers will not be held liable when those third parties violate the Telephone Consumer Protection Act, say attorneys with Locke Lord LLP.
The U.S. Commerce Department recently concluded that the U.S.-EU Safe Harbor's flexibility can account for any potentially unique data protection issue that may be raised by cloud computing, which suggests the program's ongoing value to U.S.-based enterprises seeking to ensure adequate data protection of personal information processed from the EU, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
The decision in CLS Bank International v. Alice Corp. Pty. Ltd. spotlights the Federal Circuit’s serious divisions on Section 101 analysis. In the face of these divisions, decisions by Federal Circuit panels as to patent eligibility of specific claims under Section 101 will continue to be inconsistent, say Charles Macedo and David Goldberg of Amster Rothstein & Ebenstein LLP.
Though many of the issues in Viacom International Inc. v. YouTube Inc. are still unsettled in light of the strong likelihood of additional appeal in the Second Circuit, the district court’s analysis provides a basic framework for the Southern District of New York’s interpretation of the Digital Millennium Copyright Act’s safe harbor provisions, say attorneys with Latham & Watkins LLP.
Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
Not every company can be the next Facebook. But thankfully, for many startups, generating one billion users is not the end goal, nor should it be. Enter “narrowcasting” — one of a few reasons to be optimistic about venture capital, despite the first quarter of 2013 being the slowest for fundraising since 2002, says David Kaufman of Thompson Coburn LLP.
As the rollout of new Internet domains continues to become more complex, it is crucial for intellectual property owners to familiarize themselves with each step of the trademark clearinghouse registration process in order to have full control over their brand, says Jan Corstens of Deloitte.