LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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Privacy Government Intellectual Property Business 52

LexBlog IP

FEBRUARY 18, 2022

Porter Wright is proud to announce that international business and privacy & data security attorney Katja Garvey has been elevated to serve as chair of the firm’s International Business & Trade Practice Group. International business, and privacy and data security experience.

Privacy 52

Privacy Business Law Contracts 52

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

IPilogue

JULY 9, 2021

In 2015, Austrian law student and privacy activist, Maximillian Schrems, sued Facebook Ireland for what he alleged to be an unlawful transfer of data from Facebook Ireland to Facebook’s headquarters in the United States. companies called the Privacy Shield Agreement, which the EC declared adequate in 2016. In other words, the U.S.

Privacy 106

Privacy Contracts Social Media Government 106

IPilogue

DECEMBER 14, 2021

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on December 8, 2021. On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction.

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Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

TorrentFreak

FEBRUARY 7, 2023

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

Contracts 122

Contracts Privacy Copyright Infringement Copyright 122

LexBlog IP

FEBRUARY 18, 2022

Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance. Many states proposed or passed restrictions on non-compete clauses in contracts, including Illinois, Nevada, Oregon and DC.

Contracts 52

Contracts Government Litigation Privacy 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Amazon, 2021 U.S.

Contracts 82

Contracts Privacy Blogging Litigation 82

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 9, 2021, No. See, e.g., Britt v.

Blogging 99

Blogging Contracts Law Privacy 99

IPilogue

JANUARY 16, 2023

The work is cutting-edge, like 2021’s GridExchange Pilot, a transactive, blockchain-backed energy platform and marketplace. Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra.

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IP Intellectual Property Law Intellectual Property Privacy 103

Technology & Marketing Law Blog

JULY 12, 2022

You might also check out (1) my Internet Law course page , which includes a quarter-century of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for my Fall 2021 online-only course. Primer on FOSTA. Jurisdiction.

Editing 139

Editing Law Social Media Privacy 139

43(B)log

FEBRUARY 22, 2022

Robinhood Financial LLC, 2021 WL 6882392, No. 8, 2021) Plaintiffs alleged that unauthorized third parties were able to access approximately 2,000 Robinhood customers’ accounts and deplete their funds due to Robinhood’s insufficient security measures. Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

Patently-O

MARCH 13, 2022

Coffey sued OK Foods, bringing a class action for negligence, breach of implied contract, breach of confidence, invasion of privacy, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing. The defendant pointed the district court toward the 2021 decision in TransUnion LLC v. 2190 (2021).

Privacy 120

Privacy Contracts Copying Reporting 120

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

JULY 26, 2023

46/2021 Electronic Transactions and Trust Services. 46/2021: Enhancing Trust and Facilitating Electronic Transactions Federal Decree-Law No. 46/2021 focuses on promoting electronic transactions, investment, and the provision of electronic services to the public. These contracts are legally valid and enforceable.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. I posted a chapter from the book: Online Contracts. This year is a little different.

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. In this respect, GMB functioned as a payment processor, nothing more.

Contracts 73

Contracts Advertising Advertising Privacy 73

LexBlog IP

OCTOBER 12, 2021

As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions.

Cease and Desist 52

Cease and Desist Contracts Publishing Business 52

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. Section 13(3) states that if the photographer was contracted for work, the photos taken belong to their employer. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. When we finalized our dataset in early 2021, we found 62 opinions. Section 230.

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Publishing Government Contracts Law 94

LexBlog IP

DECEMBER 28, 2021

It’s the time of year again when we are taking a look at 2021’s top ten most read posts. Pellett (May 10, 2021). Trade Secret Misappropriation or Breach of Contract? By: Raija Horstman (March 2, 2021). By: Raija Horstman and Yao Mou (January 25, 2021). Jones, and Joshua Pond (January 14, 2021).

Government 52

Government Contracts IP Business 52

LexBlog IP

MAY 9, 2022

For example, many employers do not know they may still be liable for interference with an unenforceable contract when hiring an employee subject to a restrictive covenant like a non-compete. ” An unenforceable contract may be voidable by a counter-party to the contract without being void and, thus, may be the subject of interference.

Contracts 52

Contracts Law Marketing Marketing 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. The court previously denied Kiwi’s motion to dismiss, without much discussion of the merits. Case citation : Southwest Airlines Co.

Cease and Desist 112

Cease and Desist Contracts Trademark Blogging 112

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

Contracts 52

Contracts Branding Brands Branding 52

43(B)log

AUGUST 12, 2022

Poland challenged; CJEU dismissed challenge; new guidance from 2021: Art. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Consent: we’re transferring our rights all the time by contract. But scope can be challenged.

Privacy 59

Privacy Inventor IP Government 59

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. The invasion of plaintiff’s right to privacy constitutes the harm, entitling plaintiff to recover for all damage caused by the invasion. COY hired MG to develop COY’s subscription platform. Wilmott Storage Servs., 4th 1065 (9th Cir.

Web Development 59

Web Development Social Media Copying Copyright 59

The IPKat

DECEMBER 13, 2022

Interested readers can find the Africa IP Highlights 2021, here. In February , Kenya’s parliament passed the Copyright Amendment Bill 2021. This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. We begin with developments in the copyright field.

Copyright 120

Copyright IP Music Ownership 120

LexBlog IP

OCTOBER 30, 2022

§ 1052(a); (2) in a letter to Poterbin dated July 23, 2021, Doncic specifically and expressly revoked his November 2018 consent so the “Luka Doncic 7” registration violates 15 U.S.C. § § 1052(c); and (3) the mark has been abandoned in violation of 15 U.S.C. § § 1064(3).

Trademark 40

Trademark Registration Privacy Contracts 40

Trading Secrets

APRIL 18, 2023

Although ChatGPT does not currently train on user data (its last training session was in 2021), its data policy for non-API access says it may use submitted data to improve its AI models. In response, many companies took action, such as banning or restricting access, or creating ChatGPT data disclosure policies.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

AUGUST 11, 2021

July 7, 2021) No. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. In Whiteslate, LLP v. Dahlin (S.D. ” Id.

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Confidentiality Contracts Business Litigation 52