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

Technology & Marketing Law Blog

AUGUST 2, 2021

You might also check out (1) my Internet Law course page , which includes 24 years 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 the 2020 online-only course. It has been a crazy year for Internet Law!

Editing 145

Editing Law Privacy Contracts 145

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. 14, 2020, No. 3, 2020) 442 F.Supp.3d

Blogging 100

Blogging Contracts Law Privacy 100

LexBlog IP

AUGUST 4, 2022

The investigation found that Tim Hortons had contracted with a third party to determine consumers’ spending habits and target ads by tracking their location data. The app allegedly cataloged every time a user entered or left a Tim Hortons competitor, a major sports venue, or their home or workplace.

Privacy 40

Privacy Settlement Contracts Reporting 40

LexBlog IP

JULY 26, 2023

15/2020 Consumer Protection Law and Federal Decree-Law No. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable. 15/2020 include fines and imprisonment for non-compliance.

Business 52

Business Advertising Advertising Contracts 52

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. The parties have vigorously litigated this case. ” Oof.

Contracts 104

Contracts Privacy Social Media Advertising 104

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 88

Editing Social Media Blogging Advertising 88

The IP Law Blog

MAY 4, 2023

Nevertheless, it continued to comply with the DPLA and, in 2020, renewed the DPLA but sought a “side letter” trying to modify some of its terms. As mentioned above, the Ninth Circuit found that the trial court made an error in holding that “a non-negotiated contract of adhesion like the DPLA falls outside the scope of Section 1.”

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term.

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 78

Contracts Blogging Advertising Advertising 78

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. McCandless admits that he left Bartlett’s testimonial on his Instagram page and did not remove the video until September 2022, despite lacking authorization since at least 2020. COY hired MG to develop COY’s subscription platform.

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

MARCH 10, 2022

In March 2020, plaintiffs began to have concerns about defendants’ loyalties to the business. 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. Maryland enacted a social media privacy law in 2021.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

APRIL 21, 2022

A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm. The facts, as presented in the District Court’s September 29, 2020 decision (19-cv-03125-JRT-HC, EFC No.

Confidentiality 52

Confidentiality Contracts Editing Business 52

LexBlog IP

OCTOBER 30, 2022

On November 26, 2018, Doncic provided Poterbin written consent to apply for “Luka Doncic” as a trademark, which was subsequently issued on January 7, 2020. In addition to federal trademark rights, the decision could affect an individual’s state-derived rights of privacy and publicity. ” Petition at ¶ 4.

Trademark 40

Trademark Registration Privacy Contracts 40

LexBlog IP

MAY 4, 2023

Nevertheless, it continued to comply with the DPLA and, in 2020, renewed the DPLA but sought a “side letter” trying to modify some of its terms. ” However, because the trial court had properly applied the Rule of Reason analysis, its conclusion on the DPLA contract issue was harmless. .”

Marketing 52

Marketing Marketing Privacy Contracts 52

LexBlog IP

AUGUST 27, 2021

The European Data Protection Board ( EDPB ) published its finalised Guidelines on the concepts of controller and processor in the GDPR (07/2020) ( Guidelines ) in July. privacy notice, security standards, external audits etc.) The EDPB clarifies that this obligation applies to both the controller and the processor.

Contracts 52

Contracts Due Diligence Blogging Publishing 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” Double UGH.

Contracts 71

Contracts Law Reporting Blogging 71

Traverse Legal Blog

NOVEMBER 11, 2020

STR platforms, including Airbnb, allow the STR host and their guest to enter into short term rental agreements, enforceable under contract law, set the rental terms and house policies and control their cancellation policy to create predictable cash flow. It was expected the public offering would be made in May 2020. TOS; Section 3).

Litigation 69

Litigation Contracts Business Marketing 69

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Even Purell received a warning letter.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

LexBlog IP

SEPTEMBER 15, 2021

To receive such spillover assignments, Aya (a competitor who also provides temporary nursing services) signed a contract with AMN in 2010 and included in that agreement was a non-solicitation provision prohibiting Aya from soliciting or “poaching” AMN’s employees. 2020 WL 6205702, at *9 (C.D. 19, 2021), D.I.

Marketing 52

Marketing Marketing Contracts Law 52

LexBlog IP

SEPTEMBER 10, 2021

The European Data Protection Board ( EDPB ) published its finalised Guidelines on the concepts of controller and processor in the GDPR (07/2020) ( Guidelines ) in July. However, the EDPB stresses that it must be absolutely clear to data subjects how they can exercise their rights.

Privacy 52

Privacy Contracts Publishing Designs 52

LexBlog IP

JUNE 28, 2022

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. And with no significant updates since 2020, restrictive covenants remain disfavored and under increased scrutiny in the First Circuit.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

IP Tech Blog

DECEMBER 12, 2023

A critical eye should focus on the relevant legal issues: including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect the applicable intellectual property (“IP”) rights. Statistics have long been used to evaluate player performance and support contract negotiations.

Privacy 57

Privacy Inventor Technology IP 57

LexBlog IP

DECEMBER 12, 2023

A critical eye should focus on the relevant legal issues: including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect the applicable intellectual property (“IP”) rights. Statistics have long been used to evaluate player performance and support contract negotiations.

Privacy 52

Privacy Inventor Technology Intellectual Property 52

The IPKat

AUGUST 9, 2021

Anja had a relevant publication in 2020, in case readers are interested: How Comprehensive Is Chinese Data Protection Law? On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. The IPKat is delighted to host the following guest post by Anja Geller (Ph.D.

Technology 127

Technology Privacy Law Litigation 127

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Obviously, Warner Bros. could have done better.

False Advertising 82

False Advertising Government Privacy Designs 82

Technology & Marketing Law Blog

SEPTEMBER 22, 2021

So here’s what I’ve done in 2021 since I finished my Fall 2020 teaching obligations: Internet Law: Cases & Materials (12th edition 2021). Deepfakes, Privacy, and Freedom of Speech , Your Witness (Cleveland State Law School blog), June 18, 2021 (comments on Prof. Once again, I did not teach last Spring. forthcoming).

Blogging 97

Blogging Editing Privacy Contracts 97

43(B)log

AUGUST 17, 2021

In early 2020, “cybercriminals orchestrated a two-part ransomware attack on Blackbaud’s systems,” copying plaintiffs’ data and holding it for ransom. In its July 2020 disclosures, Blackbaud asserted that the cybercriminals did not access credit card information, bank account information, or SSNs.

Privacy 59

Privacy Business Litigation Confidentiality 59

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

IPilogue

SEPTEMBER 23, 2021

The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). The only exception is where material is anonymous or pseudonymous: for reasons of privacy, s. The court applied s.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

43(B)log

FEBRUARY 24, 2023

Before 2020 we had a genericness doctrine, now we don’t—the rule that you can’t come back from genericide was a rule and now it’s just gone. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. Penn State merchandising case might seem like an anachronism, but he thinks it’s a great case.

Trademark 49

Trademark Branding Brands Branding 49

Technology & Marketing Law Blog

JANUARY 28, 2022

At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. The property-vs-contract vibe from the panel ruling reminds me of domain name / collections cases. During the first several years of Gutman’s employment, the parties had a productive relationship.

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

FEBRUARY 23, 2024

Do you still point out that Congress endorsed Rogers in 2020? Standing makes him nervous b/c of privacy. Privacy/consumer protection: FTC has jerry-rigged a guardianship of the public interest; California also passed a specific law with a specific agency (which Eric Goldman loves). Also, FTC and DOJ really matter.

Trademark 45

Trademark Law Branding Brands 45

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 77

Copyright Derivative Work Fair Use Social Media 77

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. 2020 developments that cast a long shadow over 2021: The Copyright Claims Board. Emerging Tech. issue 2, Nov.

Social Media 125

Social Media Law Privacy Government 125