Will Petrella Apply Beyond Copyright?

For those who concern themselves with remedies, the case law concerning the equitable defense of laches was, until recently, rather somnolent. Two wake-up calls, one loud, the other muted to near silence, have changed largely settled expectations and produced questions about the relationship between laches and federal statutes of limitation. In particular, it is now clear from that laches does not, except in “extraordinary circumstances,” bar actions for damages that are instituted within the three-year statute Continue Reading →

Personal Data Encryption and its Legal Implications

Under the regime of Apple’s iOS 7 operating system, a law enforcement agency seeking access to a passcode-protected iPhone would send the phone, along with a valid search warrant, to Apple, who would then be obligated to bypass the passcode using a built-in “backdoor.” Thus, providing the law enforcement agency with the relevant information found in the phone. When iPhone users upgrade to the recently released iOS 8 (or purchase an iPhone 6 or 6 Continue Reading →

Undergoing Major Renovation (some links will be temporarily broken)

Hello, As you can see, we have changed the appearance of our site. This change is a component of a major migration to a new server, an up-to-date version of wordpress, among other internal improvements. All of the content from the old version of the site has been migrated. However, for the next few days, a few links (including the perma-links) will be broken as we comb through the site to adjust to the new file organization Continue Reading →

How to Stanch the Heartbleed: Short-Term Fixes and Long-Term Solutions

Experts disagree over the potential impact of Heartbleed. Many worry about the sheer ubiquity of OpenSSL code – which serves as the encryption platform for many Android devices plus over two-thirds of the Internet – and has been adopted by companies like Amazon, Facebook, Netflix and Yahoo. Government entities like the F.B.I. and the Pentagon also rely upon OpenSSL. Two weeks ago, the Canada Revenue Agency announced that its website was attacked with Heartbleed over Continue Reading →

STLR Link Roundup – April 26, 2014

Aereo at the Supreme Court The lion’s share of the public attention devoted to this week’s Supreme Court oral arguments was captured by Aereo, an Internet start-up company battling with traditional broadcasters over the future of how Americans watch network television. Aereo is a for-pay cloud-based television service that allows subscribers to access television broadcasts via their web browser. Unlike other online streaming services such as Netflix, however, Aereo bypasses paying expensive licensing fees to Continue Reading →

Hydraulic Fracturing: What’s the Controversy?

In the latest report by the UN’s Intergovernmental Panel on Climate Change, climate researchers warn that drastic reductions to current greenhouse gas emissions are needed to avert devastating and irreversible climate impacts. One of the short-term strategies the IPCC considers in its report is the increased use of shale gas—an energy source often classified as “clean” because it emits less carbon than coal. But IPCC’s endorsement is cautious and conditional, partly because shale gas is Continue Reading →

STLR Link Roundup – April 16, 2014

Patent Reform Bill Delayed Again The Senate Judiciary Committee has delayed consideration of the patent reform bill yet again. The bi-partisan bill, aimed at combatting patent trolls or non-practicing entities, was widely expected to go before the committee this week. However, by Monday evening, hopes had begun to fade as negotiations continued into the night. Senator Patrick Leahy, Chairman of the Judiciary Committee, issued a statement promising a new version of the bill would be Continue Reading →

U.S. International Trade Commission Affirms 10-Year Exclusion Order Against Chinese Chemicals for Misappropriating Trade Secrets

“This is classic misappropriation of trade secrets, with copying down to the thousandth decimal place.”1 Following up on our recent Article, the International Trade Commission recently upheld former Administrative Law Judge (ALJ) Robert K. Rogers, Jr.’s ten-year product ban against Chinese parties for misappropriating U.S. trade secrets. The full Commission Opinion offers a lodestar to trade-secret litigants suffering from a lack of clear legal guidance in the wake of the 2011 TianRui Grp. Co. v. Continue Reading →

STLR Link Roundup – March 30, 2014

Proposed NSA Reforms: Salient or Superficial? President Obama urged Congress for NSA reform this past Thursday. Under his proposal, phone companies would release their customers’ records to the NSA only after the Foreign Intelligence Surveillance Court (FISC) approves requests for specific phone numbers. Queries would also be limited to “two hops” rather than “three hops” – meaning that the NSA would (still) receive “all the contacts of all the contacts of suspected persons.” President Obama Continue Reading →

Target-ing Data Security Breaches

On December 19, 2013 Target reported that there had been unauthorized access to Target customers’ payment card data, which may have resulted in 40 million credit card numbers and personal information of up to 70 million individuals being exposed.  The Target data breach was so significant and shocking that there are reports that a “cyber-thriller” movie based on the breach is in the works.  Only months later, Neiman Marcus reported that 350,000 of its customers’ Continue Reading →