Shifting sands: The data breach litigation landscape in 2017

July 12, 2017 by Kenneth N. Rashbaum

The smiling red skull glowing from the computer monitor is a rather rude indication that your computer or information system has been attacked. Upon further investigation, you learn that a significant amount of personal, company and other protected data have been hacked. Can these actions result in a lawsuit that survives a motion to dismiss? Judges are human beings after all, and the plethora of data breaches in late 2016 and early 2017, from the Democratic National Committee to the CIA, has not gone unnoticed by the judiciary. … Read More

Supreme Court Ruling Sparks New Trademark Filings

July 24, 2017 by Adam Riley

The recent decision in Matal v. Tam, 137 S. Ct. 1744 (2017), which held that the disparagement clause of Lanham Act, prohibiting federal trademark registration for marks that might disparage any persons, living or dead, was facially invalid in light of the First Amendment protections for freedom of speech, has spurred several new trademark filings since the June 19th decision. These filings include some very racially charged words and symbols and the number is likely to increase as the full impact of the ruling is felt.   Historically, any mark that could be interpreted to disparage an identifiable group of people … Read More

Topical Roundup: Florida Motor Vehicle Collisions

July 21, 2017 by Jean Sica

Three recently resolved Florida motor vehicle collision cases with large rewards include: Gentry v. Lubas Katharine Gentry was operating a vehicle on SW 62nd Boulevard when she was struck by a vehicle operated by Justin Lubas, who was allegedly intoxicated. Gentry reportedly severe bodily injuries as a result of the collision. Gentry filed a lawsuit alleging Lubas was negligent in failing to maintain his lane of travel. The plaintiff sought compensation for her permanent bodily injuries, disability, disfigurement, $52,254.91 in past medical expenses, future medical expenses, lost wages, and punitive damages. Wells v. Quinn Edwin Wells was driving east on Donald … Read More


Digital Identity: How a Cryptocurrency Could Lead to the Most Fundamental Change in Identity in Centuries

Long viewed as the anonymous, digital currency used by those in the illicit drug trade, the technology that makes Bitcoin secure (known as blockchain) is about to radically change how we identify ourselves. More fundamentally, the very concept of what identity means will be altered over the next five to ten years. This paradigm shift will have widespread implications for developed and developing countries, where the lack of trusted institutions has led to large numbers of people being effectively unbanked. Yet, this should not be surprising given that Bitcoin is not actually anonymous—to the contrary, it is very transparent—nor is

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