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HTMLThe CASL Regime(s)—Anti-Spam and Anti-Malware
Tim (Timothy) M. Banks, Margot E. Patterson; Dentons Canada LLP;
Legal Alert/Article
January 8, 2015, previously published on November 13, 2014
CASL is a new regime, with significant administrative monetary penalties (maximum CA$10 million), and is broader in scope than the anti-spam laws of the US and other countries. If you do business in Canada, you are likely aware that Canada’s Anti-Spam Law (CASL) targets unsolicited commercial...


HTMLE-Discovery Matters: “A Guide to ESI Preservation Responsibilities”
Daniel M. Braude; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on August 15, 2014
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI),...


HTMLOptional Safety Features: Let the Sophisticated Purchaser Decide
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 8, 2014, previously published on May 14, 2014
Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...


HTMLBrown v. Tellermate: Cloud-based Data and E-discovery
Matthew A. Barley; Butler Snow LLP;
Legal Alert/Article
September 24, 2014, previously published on September 5, 2014
According to PC Magazine, “[i]n the simplest terms, cloud computing means storing and accessing data and programs over the Internet instead of your computer’s hard drive.” Cloud-based computing has become a very popular tool in day-to-day business operations. This relatively new...


HTMLAcceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology
Kelly J. Morris; Borden Ladner Gervais LLP;
Legal Alert/Article
September 18, 2014, previously published on September 5, 2014
When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...


HTMLSJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation
Stefanie Giuliano Abhar, Laurence A. Schoen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages relating to “yet-to-be conceived future products.” In...


HTMLSD3 v. Black & Decker (U.S.), Inc. - District Judge Axes Complaint Alleging Table Saw Safety Standards Conspiracy
Leo Caseria; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
The pen may be mightier than the sword, but not necessarily mightier than the table saw. On July 15, 2014, in SD3 v. Black & Decker (U.S.), Inc., Case No. 1:14-cv-191 (E.D. Va.), District Judge Claude M. Hilton dismissed antitrust claims by SD3 and Sawstop against several manufacturers of...


HTMLSouthern District Magistrate Judge Clarifies FLSA “Computer Professional” Exemption
Rachel J. Tischler; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 5, 2014, previously published on August 4, 2014
In an April 2014 decision in the Southern District of New York, Olorode v. Streamingedge, Inc., No. 11 Civ. 6934 (GBD) (AJP) (S.D.N.Y. Apr. 29, 2014), employers were given some clarification on the Computer Professional overtime exemption available under the Fair Labor Standards Act...


HTMLFederal Circuit Says Commission Must Toe the Line in Invisalign ITC Case
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
July 25, 2014, previously published on July 23, 2014
In Align Technology, Inc. v. International Trade Commission, the Federal Circuit held that ITC action that violated ITC’s own regulations warranted vacatur under the Administrative Procedures Act. While the case addresses specific ITC regulations, the same principles apply to other agencies,...


Adobe PDFSupreme Court Hears Arguments Regarding Induced Infringement in Limelight
H. Wayne Porter; Banner & Witcoff, Ltd.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
On April 30, 2014, the U.S. Supreme Court heard arguments in Limelight Networks, Inc. v. Akamai Technologies Inc. The issue in this case is whether there can be liability for induced infringement if no party is liable for direct infringement.


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