Latest Posts

  • Legal Education for Nonlawyers

    Last fall Cydney Swofford wrote about the growth of legal courses in journalism programs. Journalism is not the only field whose graduates would benefit from baseline legal training. Like journalism, STEM fields produce large numbers of graduates who drive innovation – they create new products, found new companies and find new ways to accomplish old tasks. But often the last… read more

  • Is it Time to Capitalize on Privacy?

    Looking back, it seems clear that 2013 was quite the year. It brought us a new Pope, record highs on Wall Street, and the ever-entertaining wrecking ball of Miley Cyrus’s career. However, 2013 should perhaps best be remembered as the year that most citizens of the digital age became acutely aware of a long neglected part of their life: online… read more

  • Printing Prada

    The fashion industry has fought long and hard against counterfeiters who copy coveted designs and sell them for a small fraction of the price, but intellectual property laws have not really provided the industry with the correct ammo. Copyrights protect “art” but not “useful articles,” and fashion falls under the latter. Trademarks and trade dress protect brands/logos and look/feel respectively… read more

  • Combating Defamation through Copyright Transfer

    Under § 230 of the Communications Decency Act, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This allows organizations publishing online reviews to avoid being held liable for defamation when one of their users posts a defamatory review. Because § 230 protects… read more

  • Loser Pays in Patent Litigation?

    With the America Invents Act and its overhaul of U.S. patent system just barely behind us, Congress has introduced eleven bills for further reform this year. Each of these bills addresses the abusive litigation tactics of certain patent plaintiffs—the so-called “patent troll problem”—to some degree, though the bills consistently fail to adequately define who is or is not among the… read more

  • FRAND Injunction: What’s Your Function?

    Recently, NYU Law’s “Competition, Innovation, and Information Law Program” hosted a presentation by John Harkrider, a prominent antitrust litigator on the frontlines of the Smartphone Wars and partner at Axinn, Veltrop & Harkrider LLP. Harkrider offered his inside perspective on the FTC’s July 2013 ruling on Google’s Motorola Mobility purchase, and on the question of when a holder of FRAND-encumbered… read more

  • Interview with Elizabeth Nolan: How Start-Ups Deal With Arising Legal Issues

    With the rise of the internet came the rise of start-up companies, which allow young entrepreneurs to capitalize on their innovative ideas. One issue that often arises is how the young company should handle legal issues that may arise during the course of launching their business. This is an exciting area of the law that many lawyers find enticing. However,… read more

  • Privacy Papers, Part 27 – Game. Set. Match. – #PrivacyPapers Close Out – Stick the Proverbial Fork in ‘em

    The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 27. Privacy Papers – Game. Set. Match. – #PrivacyPapers Close Out – Stick the Proverbial Fork in ‘em From:… read more

  • Privacy Papers, Part 26 – Wrapping Things Up with a Tidy Bow

    The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 26. Privacy Papers – Wrapping Things Up with a Tidy Bow From: privacy-papers@googlegroups.com [privacy-papers@googlegroups.com] on behalf of Michael Kasdan… read more

  • Privacy Papers, Part 25 – Neat Study

    The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 25. Privacy Papers – Neat Study From: Michael Kasdan Sent: Saturday, August 31, 2013 To: Michael Kasdan Subject: Privacy… read more