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You Can’t Say That on Facebook…or Can You?

You Can’t Say That on Facebook…or Can You?

Originally Published in: American Bar Association Section of Litigation Intellectual Property Intellectual Property Litigation Committee Newsletter January 4, 2013 You Can’t Say That on Facebook…or Can You? Email, text messages, the Internet, and social media have transformed societal interaction. This brave new web 2.0 world offers businesses almost unlimited opportunity. Companies looking to build brand [...]

Pitfalls to the Defense of Reverse Engineering

Published in the ABA Business & Commercial Litigation Newsletter/Fall 2005 Co-authored by Jeffrey K. Riffer and Joanna H. Kim Under the Uniform Trade Secrets Act (UTSA), a defendant can assert as a defense to a claim for misapropriation of trade secrets that the information in question is readily ascertainable by proper means. The underlying concept, [...]

Top Five Social Media Tips for Businesses

The ubiquity of social media means that companies looking to build brand awareness can, with minimal financial investment, place their services and products in front of millions of potential customers without buying a single traditional advertisement. Few areas of law present as many pitfalls to companies as social media today. From a strictly legal perspective, [...]

Taking the Hot Seat: Ethical Implications for Corporate Counsel Called to Testify

Published by DBA Headnotes. Co-authored by Tasha Grinnell of Dean Foods legal. In Shelton v. American Motors Corp., the Eighth Circuit noted, “the practices of taking the deposition of opposing counsel has become an increasingly popular vehicle of discovery.” Practitioners and courts agree, the practice has only gained momentum in the fifteen years since. Several [...]

Considerations and Challenges for Firms and Attorneys

Published in For The Defense, May 2010 Gay, lesbian, bisexual and transgender (GLBT) lawyers face unique challenges, which have historically been unaddressed by diversity initiatives within the legal profession. While some studies and statistics demonstrate that legal employers are beginning to attend to GLBT concerns, fear of discrimination and harassment continues to cause many GLBT [...]

Corporate Sleuthing: Employee Activity Surveillance to Avoid Trade Secret Disclosure

Published in the ABA Business & Commercial Litigation Newsletter/Fall 2005 Co-authored by Jeffrey K. Riffer and Joanna H. Kim What Is A Trade Secret And Why Must It Be Safeguarded? The use of technology is no longer limited to technology businesses. Most companies, no matter their size or their business employ computer software, the lnternet, [...]

Too Much, Too Late: Unintended Consequences of Texas Securities Class-Action Reform

A careful look at recent Texas class-action opinions indicates a shift in certification decisions, even before the recent reforms. On Feb. 18, President George W. Bush signed the Class Action Fairness Act (CAFA), designed to revamp class-action procedure and law. CAFA discourages forum-shopping by moving large, interstate class actions into federal courts. According to a [...]

Corporate Sleuthing: Surveillance of Employee Activity to Avoid Disclosure of Trade Secrets

What is a Trade Secret and Why Must it be Safeguarded? The use of technology is no longer limited to technology businesses. Most companies, no matter their size or their business, employ computer software, the Internet and e-mail to share information instantaneously and to update inventories and communicate with employees and customers alike. While these [...]