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Inflation Reduction Act
To Obtain Data Abroad, Government Just Googles It
As technology companies expand globally they increasingly are storing customer electronic data in servers outside the United States. To keep apace, the Justice Department has become more creative in adapting existing legal instruments and more persistent in advancing arguments to...
Webinar: Anatomy of an IPO: What Every Bank Thinking of Going Public Needs to Know
Get a jump start on a successful planning process for you IPO. The “Anatomy of an IPO” will guide you along the path of preparing for, and living through, an IPO, as well as navigating the sometimes treacherous waters of...
Patentee's Day of Thanks Comes in Early November: Assessment of the USPTO's Recent Memorandum Regarding Patent Eligibility for Software Claims
A recent U.S. Patent & Trademark Office (USPTO) memorandum to the Patent Examining Corps, in combination with precedential cases from the Federal Circuit, provides positive guidance to owners of software patents and patent applicants having software claims pending at the...
The High Court takes the High Road on Patent Eligibility - The Supreme Court refuses to consider patents invalidated under the Mayo/Alice framework
The Supreme Court on October 3, 2016, denied certiorari in a number of patent cases, including four cases concerning subject matter eligibility in the wake of the Mayo and Alice decisions. The Mayo decision essentially held that because laws of...
Keep Quiet and Carry On under the EU Trade Secrets Directive
Much as the recent U.S. Defend Trade Secrets Act establishes uniform federal trade secrets protections across the states, the EU Trade Secrets Directive (the “Directive”) harmonizes similar protections across its Member States to encourage cross-border investments. The Directive addresses hot...
Federal Circuit goes Enfish-ing for Software Patent Eligibility
In Enfish, LLC v. Microsoft Corp . , decided on May 12, 2016, the Federal Circuit ( “the Enfish court” or “the Court”) has provided much-needed clarification to the Alice test for patent-eligible subject matter under 35 U.S.C. § 101...
It's No Secret: Employment & Federal Considerations in New Trade Secrets Law
On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA). The result of rare bipartisan support, the DTSA was passed unanimously by the House last month. It creates the first federal civil cause of...
The Trade Secrets Bill Proceeds to the President's Desk
On April 27, the House of Representatives by a 410-2 vote passed the Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade secret misappropriation, providing trade secrets with a degree of protection akin to other...
When the Best Defense is a Federal Cause of Action: Trade Secret Owners May Soon Have a Federal Cause of Action for Trade Secret Misappropriation
Earlier this month, the U.S. Senate unanimously passed bill S. 1890, the Defend Trade Secrets Act of 2016 (DTSA). If enacted, the DTSA will create a federal cause of action for trade secret misappropriation, providing protection similar to that afforded...
Binding Contracts Created Via Email
A presentation regarding the use of email to create binding contracts, focusing on Texas and Federal law. The presentation addresses issues regarding when an exchange of emails can be considered to contain all of the material terms needed for contract formation, and whether an email can be considered a “signature” for agreements that must be in writing and signed to be effective.
Dangerous Waters in the Safe Harbor: The EU-U.S. Safe Harbor for Data Transfer is Safe No More
On October 6, 2015, the European Court of Justice (ECJ), abolished the 15 year old Safe Harbor agreement between the EU and the U.S. Over 5,000 businesses have relied on the Safe Harbor to receive personal data from EU member...
Know Them Before They are Famous (or at least final): The Latest USPTO Proposed Rule Changes
On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input solicited by the USPTO...
Copyright Co-Authorship: Be Prepared to Weather the Storms
To listen to the podcast, please click here . The recent Third Circuit decision in Brownstein v. Lindsay , --- F.3d ----, 2014 WL 306240 (3 rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations...
Clash Of Titans over Biosimilars at FTC Workshop
On Tuesday, February 4, the Federal Trade Commission (FTC) conducted an all-day public workshop at its headquarters in Washington, D.C. on competition issues involving biologics and biosimilars. 1 During highly informative presentations and roundtable discussions, the FTC and various stakeholders...
Only You Can Prevent Forum Shopping
Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to agree to...