Joshua L Simmons

March 23, 2018 | New York Law Journal

While the New York courts now appear comfortable deciding substantial similarity as a matter of law in copyright cases, it awaits to be seen whether similar implied-in-fact contract claims will survive motions to dismiss or whether the courts will follow the adage of King Solomon and conclude that “there is no new thing under the sun.”

By Joshua L. Simmons

7 minute read

May 22, 2017 | New York Law Journal

Joshua L. Simmons of Kirkland & Ellis writes: While recent judicial opinions have harmonized the rules for accessing websites without authorization, the courts diverge as to whether the CFAA prohibits accessing otherwise publicly available information for an unauthorized purpose. Moreover, new web crawling techniques are testing the limits of existing case law.

By Joshua L. Simmons

18 minute read