Posted: March 1st, 2019
By: Melissa Lawrence
As technology advances, attorneys face unprecedented issues in ethics and professional responsibility. From advertising on social media to protecting client information from cyberattacks, attorneys of the future will need to understand how new technologies raise new ethical issues and how available software, applications, and other solutions can help them avoid both old and new legal ethical dilemmas.
Stephanie Jenkins, an ethics and compliance professional, will discuss new and developing technology and its impact on the legal profession at the Wake Forest Journal of Business and Intellectual Property’s Spring Symposium: Lawyering in the Future: Impact of Technology on the Law.
Ms. Jenkins has worked in the governance, risk, and compliance field for over twelve years. She has managed and built Ethics and Compliance programs for major companies such as the Gap and Premier Healthcare Alliance. Ms. Jenkins holds a Masters of Business Administration from Georgia State University’s Robinson College of Business, a Master of Arts in Professional and Applied Ethics, and a Bachelor of Arts in Philosophy from the University of North Carolina at Charlotte. She is also a graduate from both The Ethics & Compliance Initiative’s Managing Ethics in an Organization Program and the Ethics & Compliance Officer Association’s Executive Development Program. Ms. Jenkins also served in the United States Marine Corps Reserves and the North Carolina Air National Guard.
Currently, Ms. Jenkins serves as Chief Compliance Officer at Ethix360,a company that provides businesses with innovative software for creating and implementing compliance programs. With Ethix360, Ms. Jenkins helps generate solutions for investigating and resolving compliance and ethical issues, minimizing negative impacts on company reputations, and managing reporting concerns and workplace investigations. Many of these solutions were developed with the legal field in mind.
Ms. Jenkins is scheduled to speak on the “Practice Management and Incorporated Technology” panel from 9:00 AM to 10:30 AM, in room 401 of the Benson Center on the WFU Main Campus.
Posted: February 28th, 2019
By: Amber Razzano
Steve Lauer is a practicing attorney and a current adjunct professor at Wake Forest University School of Law. Lauer’s course is titled “Thinking Like an In-House Lawyer.” This course focuses on law firms that represent business entities must understand the needs and expectations of those entities in order to deliver a legal service that provides higher value to the business. Lauer has an extensive background in the corporate law environment. Lauer received a B.A. from the State University of New York at Buffalo and a J.D. from Georgetown University Law Center. Lauer has authored over 100 articles on topics relevant to corporate compliance and corporate legal service. Prior to becoming an in-house attorney, Lauer was in private practice for six years. He currently “consults with corporate compliance departments regarding the structure and operation of corporate compliance and ethics programs . . . and with law departments and law firms on the value of legal service.” Lauer has served over two years as Corporate Counsel for Global Compliance Services in Charlotte, North Carolina, improving the ability of business operations to comply with data protection rules in the European Union and other jurisdictions. Lauer also spent extensive time as an Assistant General Counsel for The Prudential Company of America increasing management of legal affairs in the real estate environment. Lauer’s panel at the Wake Forest Journal of Business and Intellectual Property’s Spring Symposium, Lawyering in the Future: Impact of Technology on the Law, will focus on developing legal software and technology’s impact on legal practices, client relations, and other similar issues. Steve will be speaking on our first panel from 9:00 to 10:30 am. Continue reading »
Posted: February 25th, 2019
By: Amber Razzano
The passage of the Music Modernization Act (“MMA”) brings copyright law up to the speed of the modern era. The MMA consists of three parts: (1) Music Licensing Modernization; (2) Compensating Legacy Artists for Their Songs, Service, and Important Contributions to Society (“CLASSICS”); and (3) Allocation for Music Producers (“AMP”). The first part of this Act, Music Licensing Modernization, “replaces the existing song-by-song compulsory licensing structure for making and distributing musical works with a blanket licensing system for digital music providers to make and distribute digital phonorecord deliveries.” This is meant to allow easier payment to “rights holders” whenever their music is streamed online.
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Posted: February 18th, 2019
By: Daniel Norton
In the past, science fiction books and television shows toyed with the idea of “replicators” and “matter compilers.” The idea was that people would be able to produce the tools or objects they needed in any given situation from the comforts of their own homes or starships. Mere decades after this idea was considered a fantasy it has become a reality as Americans have increasingly begun using 3D printers to create tools and objects they need from the comfort of their own homes. But the advent of 3D printers has not brought about the utopian freedoms things like Star Trek indicated. Instead, 3D printing technology has created entirely new challenges for the US patent system to grapple with.
The creation of an object using 3D printing is known as additive manufacturing. This process involves a 3D printer applying a given material in thin layers on top of each other to create an object dictated to it by a computer-aided design (CAD) file. While this ability was first created in the 1980s, it has exploded in popularity over the past few years due to the advent of “home” 3D printers. Continue reading »
Posted: February 11th, 2019
By: Killoran Long
After a thirty-five-day partial shutdown, the U.S. government is finally getting back to business. What started on December 22, 2018, as a disagreement over border security funding, became a shutdown, showdown between President Trump and Congress that finally came to an end on January 25, 2019. The thirty-five-day shutdown became the longest shutdown in modern history, surpassing the previous shutdown record of twenty-one-days that was set in the mid-nineties. Continue reading »
Posted: February 5th, 2019
By: Amber Razzano
Social media sites have the ability to provide tools for employers to assist with their search for candidates with specific qualifications, however, the improper use of this information is a blurry line. The EEOC’s position remains that personal information “may not be used to make employment decisions on prohibited bases, such as race, gender, national origin, color, religion, age, disability, or genetic information.”
In recent months, the EEOC issued a Charge of Discrimination brought by the American Civil Liberties Union (ACLU) against Facebook. The Charge alleges the company violated Title VII of the Civil Rights Act (“Title VII”) with its employment advertising, recruitment, and hiring, as well as state and local anti-discriminatory statutes. The City of Greensboro has also been charged for distributing ads for a number of different positions via Facebook’s ad platform, including the position of Officer at the Greensboro Police Department. The charging parties accuse Facebook of “enabling, encouraging, and assisting a number of employers and employment agencies, including Greensboro, to unlawfully target their advertisements based on sex and age, and for delivering the ads in a discriminatory manner” in exchange for payment. Facebook and other social media platforms have become dominated by advertisements, especially in relation to the labor market. This alleged discriminatory practice could profoundly affect those individuals, regardless of which gender they identify as, in search of a job. Continue reading »
Posted: January 27th, 2019
By: Simon Reed, Guest Writer*
Small businesses regularly find themselves strapped for cash and in need of a financial injection to build and grow their operations, particularly in these ultra-competitive times.
And while traditional financing options definitely exist to help small business owners that have sterling silver credit, all kinds of assets, and at least a few years of success under their belt already new business owners, new entrepreneurs, and those pioneering new industries are going to find banks and credit unions at least a little bit reticent about handing over any decent chunk of change.
That’s where merchant cash advance financing packages come into play. Continue reading »
Posted: January 22nd, 2019
By: Neal Orkin, Guest Writer*
(This article first appeared in the December 1990 issue of Managing Intellectual Property. It remains relevant today.)
Why should bright and innovative youngsters want to enter engineering and science when the incentives are so small?
Neal Orkin, inventor of ‘Orkinomics’, looks at this question through the eyes of Veblen and Schumpeter and explains why so many US patents are now being granted to foreigners.
“Competitiveness” is the new buzzword that we Americans use to fend off those damned foreigners who “steal” our technology or trade “unfairly”. While erudite authors and smug commentators – those Captains of Competitiveness – speak in terms of such euphemisms as better education for workers, labour-management cooperation, and new farsighted management, we lose sight of one of the basic causes of our competitiveness problem – rewards and recognition for creative engineers and scientists. Continue reading »
Posted: January 13th, 2019
By: Nathaniel Reiff
In 2016, Marriott International, Inc. acquired Starwood Hotels & Resorts Worldwide for $13.6 billion “creating the world’s largest and best hotel company.” Little did Marriot know that Starwood’s guest reservation database provided unauthorized access of more than 500 million guest’s information. The leak revealed customer names, mailing addresses, phone numbers, email addresses, passport numbers, and potentially credit card numbers and card expiration dates.
“Marriott International Inc.’s revelation of a hack . . . highlights the hidden cybersecurity risks involved with mergers and acquisitions. . . . Even companies that thoroughly vet their targets can’t entirely avoid the possibility that they’re inheriting risks.” claims Bloomberg Law’s Privacy and Data Security reporter, Sara Merken. Such naivety engenders lawsuits against the acquirer, imposes damage to its reputation, and costs the company millions to remediate the hack. Continue reading »
Posted: November 11th, 2018
By: Nathaniel Reiff
Once considered a popular alternative method to funding a cryptocurrency startup, Initial Coin Offerings (“ICO”) have recently faced the ire of the U.S. Securities and Exchange Commission (“SEC”). A joint investigation by Yahoo Finance and Decrypt revealed that the agency sent out a series of information-seeking subpoenas to cryptocurrency startups, inquiring into their failure to sell their token, distributed cryptocoins purchased with fiat or virtual currency, exclusively to accredited investors. The SEC’s objective is to exert enough pressure on these companies to settle, in which dozens have already conceded by paying fines and refunding investors.
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