False Patent Marking Litigation: What Every Company Needs To Know

By Natasha H. Moffitt[1. Natasha Moffitt is a partner in the Intellectual Property Practice Group at King & Spalding.  Ms. Moffitt’s practice focuses on intellectual property litigation and counseling, with a particular emphasis on patent litigation.  She can be reached at nmoffitt@kslaw.com.] & Suzanne Johnson[2. Suzanne Johnson is an associate in the Intellectual Property Practice … [Read more...]

The Georgia Court of Appeals’ Message on Text Messages: Examining Hawkins v. State and Warrantless Searches of Cell Phones in Cars Incident to Arrest

By Timothy H. Lee[1. Timothy Lee is a law clerk for the Honorable Lisa Godbey Wood, Chief Judge, U.S. District Court for the Southern District of Georgia, and following which he will next serve as law clerk with the 11th Circuit Court of Appeals.] In 2001, the United States Supreme Court declared that evolving technology must not “erode the privacy guaranteed by the Fourth Amendment.”[2. … [Read more...]

Patent Strategies For Start-Up Technology Companies

By Gregory Kirsch, Partner, Ballard Spahr, LLP, Atlanta*  A start-up company may find itself competing in a marketplace heavy with protected intellectual property, such as patents. The patent landscape within the start-up company's field should preferably be analyzed before entering the market, lest the start-up be faced with a flurry of third-party licensing "opportunities" or even lawsuits. … [Read more...]

The Legal Issues Are Somewhat Cloudy in the Cloud: A Primer for Lawyers on Cloud Computing

By Roy E. Hadley, Jr. and John L. Watkins[1. Roy E. Hadley, Jr. and John L. Watkins are both Partners in the Atlanta office of Barnes & Thornburg, LLP and co-lead the Firm’s Cloud Computing and Cyber-Security Team. Hadley practices in the Business Department and advises clients regarding data security, data breach and privacy issues. Watkins practices in the Litigation Department, and … [Read more...]

Trends in Outsourcing Emerging From the Great Recession

By Diana J.P. McKenzie and Matthew C. Henderson [1. Diana J.P. McKenzie, Partner and Chair, Information Technology and Outsourcing Practice Group, Hunter, Maclean, Exley, and Dunn, P.C.,  dmckenzie@huntermaclean.com; and Matthew C. Henderson, Counsel, Information Technology and Outsourcing Practice Group, Hunter, Maclean, Exley, and Dunn, P.C., mhenderson@huntermaclean.com.] Approximately … [Read more...]

Georgia Referendum On Restrictive Covenants In Employment Agreements

By Mari L. Myer, The Myer Law Firm, Decatur, Georgia [1. Ms. Myer is the Principal of The Myer Law Firm, based in Decatur, Georgia.  A graduate of Boston University School of Law and Wellesley College (B.A. cum laude), she has over twenty years of experience litigating business and employment disputes, including matters involving restrictive covenants in employment agreements, trade secrets, … [Read more...]

Employees’ Online Endorsements Can Result In Employer Liability

By Chuck Rice, Kilpatrick Stockton, LLP, Atlanta[1] Employees’ blogs and social-networking websites raise a number of potential legal issues for employers, but recently issued Federal Trade Commission (“FTC”) guidelines on product endorsements reveal a largely unforeseen risk:  employer liability for false or misleading advertising stemming from employees’ online postings about their … [Read more...]

“Lex Nokia” And Confidentiality In Electronic Communications In Finland

By Eija Warma, of Castren & Snellman, Helsinki, Finland[1]. In Finland, the Constitution[2] guarantees everyone a basic right of privacy, and specifically states that “The secrecy of correspondence, telephony and other confidential communication is inviolable”. Because of this fundamental right, a recent amendment to Finland’s Act on the Protection of Privacy in Electronic … [Read more...]

January Executive Committee Meeting

The January Technology Law Section executive committee meeting will be held Friday January 8th at 7:30 am in person at the offices of Troutman Sanders in Midtown. … [Read more...]

Georgia Journal of Technology Law (Spring 2009 Edition)

By Stephen Combs and  Brett Lockwood. Welcome to the Spring 2009 issue of the Technology Law Section’s quarterly publication The Georgia Journal of Technology Law. (The full printable version of this issue is available here!) This issue is brought to you by co-editors Stephen Combs of HowStuffWorks.com and Brett Lockwood of Smith, Gambrell & Russell, LLP. Please welcome Brett to his … [Read more...]