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Caught in the Cloud: How Hard Could It Be To Recover Your Data From A Defunct...
By: Ray Bennett So you store your data in the cloud. Imagine your cloud provider were to run afoul of the government for copyright violations. How long would you expect it to take to get your data...
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The Gamble That Didn’t Pay Off: You Have Only One Chance to Get Into Federal...
By: Ray Bennett In a race to the courthouse, your opponent files first in a distant state court. You want to be in federal court—but preferably in your home district, not in your opponent’s district....
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Fourth Circuit Decision Highlights Risk of Personal Liability for Copyright...
By: Ray Bennett A company gets hit with a lawsuit for copyright infringement and loses. If the owner is later sued personally, will she get another shot at her defense? Maybe not. In 2010, the Fourth...
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Fourth Circuit Weighs in on Supreme Court’s Class Action Decision in Walmart...
By: Ray Bennett In the Fourth Circuit’s recent decision in Scott v. Family Dollar Stores, the concurrence and dissent sharply disagreed about the significance of the majority opinion. Depending on...
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Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are...
By: Ray Bennett If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good...
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Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank
By: Ray Bennett In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v....
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