Management Liability Update

Archive for the ‘Intellectual Property’ Category

A Data Security Trend For 2011: The Data Threat Hype Continues

Icon January 17, 2011 – 10:43 pm

The new year appears to be continuing a trend begun in 2008 — ever increasing hype concerning the level of data security threats faced by public and private entities.  This hype is not just about increasing public breach disclosures (which have primarily been driven by the increase in breach notification laws) given it also manifests [...]



NJ Supreme Court: Fired Employee Can Use Stolen Confidential Documents

Icon December 17, 2010 – 7:33 am

In a decision that might have significant ramifications in future discrimination and whistle-blower lawsuits, the New Jersey Supreme Court  ruled in Quinlan v. Curtiss-Wright Corp., No. A-51-09 (N.J. Sup. Ct. Dec. 2, 2010) that an employee who copied 1,800 of pages of documents that she came upon during the normal course of her work — many with [...]



New York Metropolitan Area Tops Tech Jobs Ranking

Icon December 9, 2010 – 7:09 am

According to a recently released report, the New York metropolitan area — including several nearby New Jersey counties — has more technology workers than any other in the United States.  The New York metro area had 317,000 technology jobs in 2009, topping a list of 60 other metropolitan areas, according to the Cybercities 2010: The [...]



Ponemon Institute: Lost Laptops Cost Billions

Icon December 3, 2010 – 7:10 am

The Ponemon Institute’s latest report, “The Billion Dollar Laptop Study,” shows that 329 organizations surveyed lost more than 86,000 laptops over the course of a year.  Based on these findings and an earlier survey that put the average cost of lost laptop data at $49,246, the total cost amounts to more than $2.1 billion or $6.4 million per organization. [...]



Exposure to Software Copyright Claims

Icon July 9, 2010 – 7:26 am

Claims arising out of internally-used software continue to be a significant retained IT risk factor.  When President Obama picked the Business Software Alliance’s General Counsel Neil MacBride for a senior Justice Department post, it was a clear message that we will see increased software compliance audits – and possible new penalties.  The increasing use of [...]



Business Method Patents Live on Another Day: Bilski Decided by SCOTUS

Icon June 28, 2010 – 12:15 pm

Today’s Bilski v. Kappos decision rejected having a Federal Circuit test for determining patentable subject matter as a “knock out” test for business methods.  If affirmed, this Machine-or-Transformation Test (if applied as the sole test) would have likely rejected all business method patent applications.  As it stands, the United States is the only country that allows for business method patents.  After today’s [...]