New Jersey Law Journal | Analysis
By Nancy A. Del Pizzo | September 30, 2022
Courts are split on whether it is copyright infringement to link to or "embed" a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an image is visible on the internet?
New Jersey Law Journal | Analysis
By Jonathan Bick | September 29, 2022
The Supreme Court in 'Google v. Oracle' dramatically expands fair use to allow copyrighted materials to be used more freely in technology settings. The ruling will likely expand fair use in other environments, as it is applied to a recent Second Circuit ruling.
New Jersey Law Journal | Analysis
By Jeffrey Salling, Kaitlyn E. Stone and Michael C. Zogby | September 29, 2022
Analysis of how the increase in remote access has complicated the protection of trade secrets, flagging key issues to consider as many industries continue to embrace hybrid workplace models.
New Jersey Law Journal | Analysis
By James T. Corcoran | September 29, 2022
The primary goal of a patent practitioner performing due diligence of a new drug should be to identify all risks associated with commercialization of the drug product and to determine the potential for market exclusivity.
New Jersey Law Journal | Analysis
By James J. DeCarlo, Rose Cordero Prey and Jade Li-Yu Chen | September 28, 2022
A recent order issued in Texas could have a rippling effect on cases filed not only in Texas but throughout the entire nation, as patent practitioners may now turn to the nation's other patent litigation hotspots.
New Jersey Law Journal | Analysis
By Kimbrilee M. Weber and Julien M. Baumrin | September 28, 2022
With the convenience of technology comes a duty for businesses to employ best practices in maintaining ESI, and litigants must remain mindful of evolving types of ESI when demanding information.
New Jersey Law Journal | Analysis
By Gene Markin | September 28, 2022
Despite some juries finding infringement based upon substantial similarity of competing works, district and appellate courts have reined in and reversed such verdicts, finding the operative elements of the original works not protectable by copyright.
The American Lawyer | Analysis
By Dan Roe | September 26, 2022
Some prosecutors on the DOJ's newly formed Digital Assets Coordinator Network will look to earn the first conviction in a new area of law, said crypto lawyers who expect to get busier as the network's first enforcement actions materialize.
New Jersey Law Journal | Analysis
By Jeralyn Lawrence | September 22, 2022
New Jersey is among a minority of states in which savings habits during a marriage can be considered in determining the amount of an alimony award, and the issue still arises in many high-net-worth divorces.
New Jersey Law Journal | Analysis
By Lisa Gora and Natalie Moszczynski | September 21, 2022
Psilocybin has seen movement in state legislatures toward efforts of decriminalization, de-prioritization and, in some cases, legalization of its use for scientific and medical research. New Jersey is the latest example of such recent movement.
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