Insights & Tips
Traditionally, non-compete agreements were used to prevent employees from leaving a company and taking clients and important business information, including trade secrets, with them. In recent years, however, legislatures and courts have taken an incre …
In a decision that could drastically change the internet as we know it, Judge Katherine Forrest held that a news site’s embedded tweet could be considered an infringing “display” of material under the Copyright Act. Embedding, the process by which a we …
We wrote recently on the Second Circuit’s holding against former Hearst interns who claimed that the corporation violated federal and state wage and hour laws by not paying them. Shortly following the decision, the Department of Labor (DOL) issued “Fac …
In its recent decision, Crye Precision v. Duro Textiles, 689 Fed. Appx. 104 (2017), the Second Circuit scrutinized restrictions in an intellectual property licensing agreement under non-compete law, ultimately holding them to be overbroad. Traditionall …
By Karen E. Clarke, Of Counsel As discussed in our June 8, 2016 article, 28 U.S.C. § 1782 enables foreign litigants to obtain evidence from U.S. persons for use in a foreign proceeding. Three recent decisions by two Judges in the Souther …
A recent article published by the International Consortium of International Journalists outlines five digital security tools journalists can and should use to protect their work, as well as their sources. This has become pressing as journalists face an …
By Karen E. Clarke, Of Counsel The litigation over insurance coverage for the claims arising from NASDAQ’s bungling of the Facebook IPO has resulted in a win for NASDAQ’s directors and officers (“D&O”) liability insurance carriers. In B …
The Cyberlaw Clinic at Harvard University, in conjunction with “a collection of lawyers and creative folks,” has authored “The Cyberlaw Guide to Protest Art.” Published on Medium.com, the guide aims to help creators of protest art navigate legal issues …
In the digital age, employers must take various precautionary measures to ensure that trade secrets and other confidential information is not misappropriated by their current and former employees. Below is a list of steps employers can take to prevent …
On January 18, an S.D.N.Y. judge sentenced software engineer Xu Jiaqiang to five years in prison. The crime? Stealing source code from IBM, his former employer. The Department of Justice successfully argued that as an employee, Xu had taken advantage o …
With the help of advanced algorithms, machines are now capable of producing intricate, compelling works of art. As a result, new legal issues have begun to surface regarding the rights to these works. How should attorneys approach copyright issues, dra …
On January 3, 2018, the Second Circuit held that the “Wandering Dago” food truck (“WD”) was unconstitutionally excluded from a New York State lunch program because of its use of ethnic slurs. The opinion repeatedly cites to the 2017 case Matal v. Tam, …
