Legal insights

Analysis from the front lines of IP & technology law.

Our attorneys write about the developments shaping intellectual property—from the PTAB and the Federal Circuit to the practical realities of protecting fast-moving technology.

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TechnologyProduct Security

Building a Product Security Program for Connected Devices: A Practical Guide

A product security program is a set of processes, owners, and documents rather than a technology, and the ones that matter are the processes that convert a vulnerability report into a decision on a clock. This guide sets out how to build one: establishing ownership with authority to stop a shipment, publishing a disclosure policy that researchers will use, running severity-based triage, running the product safety analysis that security teams reliably forget, maintaining a component inventory, committing to a support period, and managing end of support. It includes a build sequence, a first-incident runbook, staffing and budget guidance, and the failures that recur across manufacturers. A worked scenario follows a reported vulnerability from intake through disclosure and patch. It also covers the recall decision and who owns it.

Casey Scott McKayMarch 6, 202627 min read
Disaster and EmergencyDisaster Assistance

Disaster Recovery Toolkit: Documentation, Appeals, and Recoupment Defense

Working templates for a disaster recovery. It includes the damage documentation log and receipt tracker to start on day one, a personal property inventory format built from sources that survive when receipts do not, and the self-declarative statements that resolve occupancy and ownership denials—including the heirs' property statement for families holding a home with no deed. It provides inspection notes and a reinspection request, an appeal letter that answers the stated reason, an insurance denial submission, and the continued rental assistance request with the permanent housing plan that most applicants never write. It closes with contractor verification, a recoupment waiver request, a congressional inquiry, and a document replacement tracker.

Casey Scott McKayMarch 5, 202624 min read
Disaster and EmergencyDisaster Assistance

Disaster Assistance Checklist

A working checklist for a disaster recovery, sequenced from the first hours to the repayment notice that may arrive years later. It opens with the photography and receipt discipline that has to happen before cleanup, then covers same-day registration and insurance filing, inspection preparation, and the occupancy and ownership documents that resolve the most common denials. It includes the appeal components, the full list of parallel programs most households never apply for, contractor verification, and the continued rental assistance request that requires rent receipts nobody keeps. It closes with the recoupment response and the three afternoons of preparation that change the next recovery.

Casey Scott McKayMarch 5, 202611 min read
Disaster and EmergencyDisaster Assistance

Disaster Assistance and FEMA Appeals: Applications, Denials, and Recoupment

Federal disaster assistance is not insurance and it is not a rebuild fund, and the gap between what people expect and what the program does causes most of the anger in the system. This article explains what individual assistance actually covers, why the most common denials are documentation problems rather than eligibility problems, and how to fix each one. It walks through occupancy and ownership verification for people whose records burned or who inherited a home without a deed, the duplication of benefits rule that governs the interaction with insurance, and the appeal that resolves a large share of denials for people who write one. It closes with recoupment—the notice years later demanding money back—and the waiver process most recipients never learn exists.

Casey Scott McKayMarch 5, 202627 min read
TechnologyProduct Security

Connected Device Security and Software Liability: Regulators, Standards, and the Duty to Patch

Connected products sit at the intersection of product safety law, consumer protection enforcement, and an emerging body of security-specific regulation, and the obligations are converging faster than most manufacturers realize. This article explains what actually binds a device maker today: the unfairness and deception authority regulators have used to build a body of security expectations, the product safety framework that treats a hazardous device as a hazardous product regardless of whether the hazard is a software defect, the labeling and procurement standards shaping the market, and the disclosure duties attaching to known vulnerabilities. It covers software bills of materials, support period commitments, coordinated disclosure, and how the duty to patch is being constructed out of ordinary tort and contract doctrine. It maps the overlapping regimes—FTC enforcement, sectoral regulators, state statutes, and international requirements—that now bear on a single connected product. It closes with what a defensible product security program actually contains.

Casey Scott McKayMarch 5, 202627 min read
Disaster and EmergencyDisaster Assistance

Applying for Disaster Assistance and Appealing a Denial: A Practical Guide

This guide walks through a disaster recovery from the first seventy-two hours to the recoupment notice that may arrive years later. It starts with the documentation that has to happen before cleanup, because photographs taken before the debris goes to the curb determine what can be proved afterward. It covers registering and filing the insurance claim simultaneously, preparing for the inspection, and assembling occupancy and ownership proof—including for renters paying cash and for families holding heirs' property with no deed. It then covers the appeal letter that reverses a large share of denials, continued rental assistance that most households never request, contractor fraud, and how to respond to a demand for repayment.

Casey Scott McKayMarch 5, 202627 min read
MilitaryMilitary Law

Servicemember Rights and Military Justice Checklist: A Practical Checklist

This checklist runs the legal problems servicemembers actually encounter, in both systems. It covers what to do the moment an investigator appears, the Article 15 decision and its appeal, court-martial and administrative separation preparation, security clearance responses, each Servicemembers Civil Relief Act protection and the written notice that activates it, USERRA notice and return deadlines with the escalator principle, discharge upgrade and records correction applications, the deployment document package, and the transition sequence that determines VA outcomes for decades.

Casey Scott McKayMarch 4, 20267 min read
TechnologyInteractive Entertainment

Interactive Entertainment Toolkit: EULAs, UGC Terms, Creator Agreements, and Monetization

This toolkit collects the documents a game studio actually produces, from the rights register that surfaces most launch problems through the shutdown notice nobody wants to draft under pressure. It includes end user license provisions for virtual items and termination, a user content license scoped to what a studio needs, modding and video policies, the music clearance language that prevents the most common launch crisis, a standalone digital replica consent, an item shop review sheet written from the regulator's perspective, and publishing agreement terms that determine who owns the asset. Each template is annotated with its purpose, its owner, and the failure it prevents. Each template carries drafting notes on what the provision does when a player, a creator, or a regulator reads it. Adapt everything to the platform, the monetization model, and the jurisdictions of the player base.

Casey Scott McKayMarch 4, 202612 min read
Real EstateCommon Interest Communities

Buying and Selling a Home in a Homeowners Association

Buying a home in a common interest community means buying a share of a small government along with the house, and the diligence that matters is documentary rather than physical. The association's financial condition, its reserve funding, its pending litigation, and any looming special assessment all transfer to the buyer, and none of them appears in a home inspection. Most states require the seller or the association to deliver a resale package within a defined period and give the buyer a right to cancel after reviewing it, which makes the contingency period the single point at which problems can still be avoided. This guide covers what to request and how to read it, the lender eligibility rules that can make a unit unfinanceable regardless of the buyer's credit, the closing mechanics including estoppel and transfer fees, and the seller's disclosure obligations.

Casey Scott McKayMarch 4, 202625 min read
LitigationDiscovery

A Practical Discovery Refresher: Mastering the Tools, Rules, and Pitfalls of Federal Civil Litigation

Discovery is the backbone of federal civil litigation and the phase where cases are most often delayed, sanctions imposed, and professional relationships damaged. This guide is a comprehensive, practical refresher on the core tools available under the Federal Rules of Civil Procedure—public records requests, initial disclosures, interrogatories, requests for production, requests for admission, depositions, and third-party subpoenas—and on the objections, deficiency procedures, privilege practice, and document-handling protocols that surround them. It explains, in plain language and through a single running fact pattern, how to draft, respond, and object effectively, how to manage electronic discovery under the EDRM framework, and how the full Rule 37 sanctions machine actually works in practice. It incorporates the December 1, 2025 amendments to Rules 16 and 26 that move privilege-log planning to the outset of a case, and it is grounded throughout in primary authority and leading case law. Whether you are a seasoned litigator reviewing the fundamentals or a newer attorney or paralegal building a discovery practice, the aim is to help you conduct discovery efficiently, professionally, and in compliance with your ethical obligations.

Casey Scott McKayMarch 4, 202664 min read
TechnologyInteractive Entertainment

Game Launch Legal Checklist: A Practical Checklist

Games ship on a fixed date, and the legal problems that hurt are license scope issues nobody catalogued in time to fix. This checklist runs the clearance and launch work in the order it has to happen: building the rights register, closing the gaps it reveals, registering intellectual property, drafting terms for the actual product, reviewing the monetization flow the way a regulator would, standing up content infrastructure, and clearing platform certification. Separate sections cover minors, anti-cheat, the first ninety days after launch, the live-service calendar, and the diligence package an acquirer will request. It runs from IP clearance and engine licensing through platform certification, monetization review, and launch-day readiness. Every item is written so that a "no" tells you what to do next.

Casey Scott McKayMarch 3, 20267 min read
GovernmentProfessional Licensing

Professional Licensing Toolkit: Responses, Hearings, Consent Agreements, and Reinstatement

This toolkit assembles the working documents of a licensing matter: the letter declining an informal interview, a litigation hold, the complaint response template built around the practice act, a records index, a summary suspension hearing demand with an interim conditions proposal, a motion for a more definite statement, the public records request that produces comparable cases, subpoena and expert engagement language, proposed findings, a consent agreement term sheet focused on findings rather than sanction, self-report letters, a probation compliance log, an early termination petition, and a reinstatement petition outline.

Casey Scott McKayMarch 2, 202611 min read