Financial services firms have traditionally been cautious about utilizing emerging communication tools such as social media due to uncertainty regarding the application of existing securities laws to the use of these tools. Recently, regulators have focused their attention on defining the regulations that govern social media. FINRA has taken an active approach to informing financial …
The hydraulic fracturing and horizontal drilling technologies utilized in the extraction of natural gas have proven controversial, particularly in states where the legal infrastructure is unprepared to accommodate the industry. In particular, a newly discovered natural gas reservoir in central North Carolina highlights deficiencies in the state’s laws addressing the serious environmental and public health …
The equitable doctrine of patent misuse is best known for prohibiting patentees from exploiting the rights and benefits that arise from the grant of a patent. Despite a long history of favorable Supreme Court cases, over the past twenty-five years the U.S. Court of Appeals for the Federal Circuit has substantially narrowed the patent misuse …
Though “journalism” is an amorphous term capable of various meanings, its traditional media are familiar. Yet, if the progression in media from print to radio to broadcast and cable teaches a lesson, it is that dissemination technology is rarely stagnant. As the seemingly endless procession of new media made possible by digital communication continues, the …
In response to the increasing number of cyberattacks, the U.S. Securities and Exchange Commission’s Division of Corporation Finance recently issued guidance on the disclosure obligations of companies relating to cybersecurity risks and cyber incidents. While the purpose behind the action was well founded, this article argues that the guidelines are inadequate because they fail to …
Stalking is a crime that affects millions of people each year, with profound mental, physical, and financial effects for victims. In a technological world, new forms of stalking arose through online interactive mediums such as Twitter, blogs, Facebook, and email. Cyberstalking has many of the same ramifications as traditional stalking but with some new twists. …
The spread of disruptive technologies to the legal profession is changing the dynamic of how law firms are structured as well as the value propositions associated with the delivery of legal services. The number of law firms with a national presence has grown due to the cost benefits and efficiency of using cloud computing. New …
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In early 2012 the North Carolina Journal of Law and Technology and the North Carolina Journal of International Law and Commercial Regulation held a joint symposium, “Anticipating Dissention: When Legal Frameworks, U.S. Commerce and Foreign Markets Intersect.” The symposium represents a historic first collaboration between these two journals and resulted in an absolutely splendid program …
When assigning liability in patent infringement cases, courts have often struggled with the determination of what mental state is necessary to hold a defendant liable. In Global-Tech Appliances, Inc. v. SEB S.A., the Supreme Court determined that knowledge is necessary in cases of induced infringement, but tempered the holding by allowing willful blindness to be …