STLR Link Round-Up – Feb. 20 2015

High Profile Vulnerabilities Continue to Make Headlines Lenovo users found out that new laptops had come preinstalled with malicious code, known as Superfish. The code is hidden deep within Windows and is very difficult to find, raising the question of how it got there in the first place. Lenovo is providing a removal tool to its users. (CNET) Kaspersky Lab, a Russian computer security firm alleged that groups linked to the U.S. Government had embedded spyware Continue Reading →

The Legal Response to Revenge Porn

It is not uncommon for couples to break up on less than stellar terms. There is quite a difference, however, between deleting an ex’s phone number and posting nude pictures or videos of him or her on the Internet in order to cause embarrassment or fallout with friends and family. This phenomenon, known as revenge porn, has increasingly received attention from the nation’s lawmakers and pro bono attorneys. This attention culminated in October of 2013, Continue Reading →

STLR Link Round-Up – Feb. 13, 2015

Intra District split further complicates personal jurisdiction in Patent Law. The United States District Court for the District of Delaware has been the latest jurisdiction to become a patent litigation hotbed, with patent law in general surging over the last decade.  The district has long been home to corporations, with over 50% of all publicly traded companies in the United States incorporating in Delaware today.  Housing such a diverse and large number of companies in Continue Reading →

STLR Link Round-Up – Feb. 02, 2015

Climate Change at the Forefront Climate change has found purchase with Republican voters, half of whom now support government action to combat the global threat, and nearly as many of whom are more likely to vote for a candidate who supports fighting climate change (though the cause of climate changes remains a divisive issue). This development could be a boon for President Obama as he seeks to pass his budget for the federal government, which includes Continue Reading →

Inconsistent Judgments on the Breadth of CBM Review?

Guest Post by Jeffrey Berkowitz and Jonathan R.K. Stroud  | If you are looking for clarity on what qualifies as a “Covered Business Method” for review under Section 18 of the AIA (America Invents Act), the PTAB’s (Patent Trial and Appeal Board) decisions offer little guidance. Congress established the PTAB to provide a more effective, efficient, and consistent review of issued patents. But the PTAB has a ways to go as far as consistency is concerned. Continue Reading →

STLR Link Round-Up – Dec. 5, 2014

France Pushes for Universal “Right to be Forgotten” France is pushing for the so-called “right to be forgotten” to be adopted globally. The right to be forgotten arises out of a ruling by the European Court of Justice this past May, which held that companies like Google cannot provide links to information that is “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the Continue Reading →

Current Trends in Tort Reform and Pharmaceuticals Manufacturers’ Liability: Michigan’s Combination Product Exception

Pharmaceuticals Litigation Overview Pharmaceuticals litigation is usually expensive, lengthy, and sensitive. Over the past thirteen years, pharmaceutical companies have paid billions of dollars to settle U.S. federal lawsuits alone. In particular, litigation under products liability doctrine have accounted for the majority of settlements per dollar from January 2009 to May 2011, totaling $8.6 billion. Although many of these cases were brought by enforcement agencies such as the Department of Justice, class action lawsuits are increasingly Continue Reading →

STLR Link Round-Up – Nov. 28, 2014

New Technology and the Practice of Law The Hackathon phenomenon spread into the legal industry over the last few years as young lawyers in groups like Legal Hackers push to develop modern legal tools. The organization was formed in 2011 by Brooklyn Law students with help from Brooklyn Law School’s Incubator and Policy clinic. Its events have spawned numerous, diverse legal apps such as PaperHealth (creates living wills and health care proxies on a smartphone), Continue Reading →

City of Los Angeles v. Patel – Facial Challenges to Privacy Statutes and Why They Are Essential to Developing a Body of Statutory Law to Govern Privacy

On October 20, 2014 the Supreme Court decided to hear the case City of Los Angeles v. Patel. [1] The case involves a local ordinance, which requires operators of hotels to keep records of their guests, and to provide them to the police if requested without any judicial oversight.[2] The Ninth Circuit held that the statute was invalid because it did not satisfy the Fourth Amendment’s reasonableness requirements in all circumstances.[3] As presented to the Continue Reading →

The Conflict in Electronic Medical Records

As physicians and hospitals increasingly move away from physical record-keeping to electronic health record (EHR) systems, the push and pull between the need for healthcare privacy/security on one hand, and the necessity of sharing healthcare information on the other, continues to grow as well. One example of how this problem plays out is that moving sensitive healthcare information to the cloud makes it easier to share and access patient information, but it also makes it Continue Reading →