Marcuss, Zara Author Article for ‘Santa Clara Journal of International Law’ April 12, 2016 DC Senior Counsel Stan Marcuss and Santa Monica Authors/Presenters Attorney Michael Zara authored an article in the spring issue of the Santa Clara Journal of International Law that proposes a radical reform of the current export control system by giving the private sector...
2016 Data Breach Litigation Report A Comprehensive Analysis of Class Action Lawsuits Involving Data Security Breaches Filed in United States District Courts April 6, 2016 Executive Summary Authors/Presenters Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have...
Corporate Trustees: how gross must negligence be? April 6, 2016 Surprisingly, the distinction between negligence and Authors/Presenters gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all. The contrary view, reflected in more modern cases, is that there is indeed a difference and potentially, depending...
Whistleblowers Suffer Another Implied Certification Theory Defeat — But Supreme Court Showdown Looms April 5, 2016 Adding its voice to an issue soon to be argued before the Authors/Presenters Supreme Court, an Alabama federal court recently dismissed a False Claims Act (“FCA”) complaint, holding that complying with a federal disclosure regulation was not a...
How to Comply with the CAN-SPAM Act March 27, 2016 Email is ubiquitous in modern life with billions of emails – Authors/Presenters wanted and unwanted – sent each day. Since its enactment in 2003, the Controlling the Assault of NonSolicited Pornography and Marketing (“CAN-SPAM”) Act has attempted to curb the number of unwanted emails and impose some rules...
How to Select a Qualified Security Assessor (“QSA”) March 23, 2016 Retailers that accept credit cards are typically required by Authors/Presenters the payment card brands to show that they are in compliance with the Payment Card Industry Data Security Standards or “PCI DSS” at least once a year. How a retailer is permitted to show compliance depends in...
Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises March 9, 2016 Debit and credit cards are now the primary form of retail Authors/Presenters payment. One source estimates that 60 percent of all retail transactions involve a payment card – far surpassing cash or checks as the preferred method of payment.1 Most retailers do not realize, however, that...
EU & Competition Law Update - March 2016 March 9, 2016 Welcome to March's edition of our EU & Competition Law Authors/Presenters Bulletin covering recent legal developments impacting upon you and your business: United Kindgdom: Large pay for delay fine imposed by CMA Germany and EU: Facebook accused on an abuse of dominance by German competition regulator France: Will the...
How to Draft an Effective Incident Response Plan March 2, 2016 The best way to handle any emergency is to be prepared. Authors/Presenters When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one. For example, any organization that accepts payment cards is most likely contractually...
What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points February 18, 2016 Several companies now offer time and attendance Authors/Presenters solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance devices,...
What to Consider When Using Fingerprint Identification Technology February 14, 2016 Fingerprint identification technology uses fingerprints to Authors/Presenters uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may collect fingerprints, how they are permitted to use them, and with whom...
The Federal Circuit Upholds Express Restrictions on Downstream Sales of Patented Articles, Affirming Mallinckrodt in Light of Quanta February 12, 2016 The Federal Circuit issued its en banc opinion in Lexmark Authors/Presenters International, Inc. v. Impression Products, Inc. ("Lexmark") on February 12, 2016. Lexmark is the most recent in a series of cases to address the...
Media & Communications in Intellectual Property Defamation, invasion of privacy, right of publicity, and false advertising used to concern only newspapers, Leadership broadcasters, and other traditional media. Now every company with a website—i.e., every company—is a publisher and an advertiser, as is every individual with a blog, Twitter account, or Facebook page....
Intellectual Property Never has our pledge been more important to you. The lawyer who best understands the special value of your Leadership intellectual property is the lawyer best equipped to represent your interests, whether in the courtroom or the boardroom, on the factory floor or in the lab, or before a governmental entity, here or abroad. Erik W. Kahn Our depth of understanding and...
Life Sciences Team Bryan Cave’s Life Sciences Team leverages its collective experience to assist scientific and business innovators at Leadership every stage – from start-ups to mature companies — within the rapidly-advancing life sciences industry. As a global team with backgrounds and industry experience in life sciences corporate, finance, regulatory...
Technology, Entrepreneurial and Commercial Practice Our TEC group moves at the speed of business creating the commercial agreements that fuel our clients’ profits, Leadership licensing technology in intellectual property-driven businesses and helping entrepreneurs prioritize to efficiently manage their businesses. Many of our TEC lawyers have management and Mark W. Weakley financial...
Emerging Companies Practice Emerging companies typically operate in rapidly evolving industries where expertise, speed and efficiency are Leadership rewarded. Often these companies move from conception to acquisition or initial public offering over a short period of time. This rapid growth carries enormous risk. To gain competitive advantage, sustain innovations and successfully manage rapid...
Commercial Litigation Bryan Cave’s Commercial Litigation group regularly handles jury trials, bench trials, arbitrations, mediations Leadership and administrative and regulatory proceedings for all manner of complex business disputes. We also counsel clients on how to avoid litigation and resolve business disputes without litigation. Our experience combined with our technology and...
Appellate Cross-Team The Appellate Group handles appeals and extraordinary proceedings in federal and state appellate courts across Leadership the country. We also work with trial counsel, advising on the preservation of defenses and constitutional arguments; assisting with dispositive motions; preparing jury instructions, evidentiary motions, and post-judgment pleadings; and consulting...
Class and Derivative Actions Our Class and Derivative Actions Group represents industry leading companies and institutions in high-stakes Leadership cases nationwide. In fact, defense of class actions has been at the heart of Bryan Cave’s litigation practice for more than 25 years, including defending class claims in antitrust, securities and derivative actions, as well as class...