Mobile analytics software companies must walk a fine line between providing useful data to their customers—handset manufacturers and wireless network operators—and protecting the privacy rights of consumers whose data they collect. In late 2011, a relatively unknown Connecticut-based systems administrator named Trevor Eckhart revealed that mobile analytics software developer, Carrier IQ, may have crossed this …
Thousands of people die every year in the United States waiting for a matching bone marrow donor. This is attributed to a shortage of willing donors. One solution that has been suggested is to incentivize donation with compensation. However, since 1984, the National Organ Transplant Act has made it illegal for anyone in the United …
The Supreme Court’s recent Stern v. Marshall decision both rekindled and revived the oft-overlooked public rights exception. In light of this development, this Article seeks to argue that patents, where subject to final, binding decisions, are unconstitutionally before Article I tribunals. Such tribunals include, for example, the Bankruptcy Court, as well as the newly-created Patent …
In 2009, President Barack Obama allocated $8 billion in stimulus funding for high-speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High-Speed Rail Projects. Even though the most recent congressional budget eliminated high-speed rail funding, many corridors are working diligently to break ground …
This Article provides a basic understanding of the law of inventorship and a practical approach to handling inventorship review when patenting. Considerations of inventorship under the present case law and under the Leahy-Smith America Invents Act, signed into law on September 16, 2011, are also presented.
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 …
