LexBlog IP

FEBRUARY 10, 2023

The complaint, filed on January 20, 2023, alleges that State Farm illegally submitted personal and confidential information about Plaintiffs’ insurance claims, including medical treatment information, to Verisk / ISO for inclusion in an immense database it maintains. .” Privacy is the control over knowledge about oneself.

Privacy 40

Privacy Confidentiality Contracts Law 40

LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). While the legislature may pass a new exemption in its next legislative session, businesses subject to the CCPA should prepare to process employee CCPA requests as of January 1, 2023.

Privacy 40

Privacy Business Contracts Law 40

Trading Secrets

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023.

Litigation 64

Litigation Privacy Contracts Government 64

LexBlog IP

MAY 6, 2023

independent contractor status when there is a written contract. independent contractor status when there is a written contract.

Law 52

Law Contracts Reporting Privacy 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

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023.

Litigation 52

Litigation Privacy Contracts Government 52

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. See Love 2023. See Hugenholtz 2023 Delete Article 6. and Love, James, “The Trouble With the WIPO Broadcasting Treaty” (2023).

Public Domain 64

Public Domain Contracts Copyright Licensing 64

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. 2023); but see Princeton Express v.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JULY 12, 2022

For what it’s worth, this year I’ll teach the course in Spring 2023 instead of Fall 2022). Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course.

Editing 139

Editing Law Social Media Privacy 139

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

JANUARY 19, 2023

The Federal Trade Commission (FTC) receives so many complaints about these fraudsters that it issued a warning on January 18, 2023, entitled “ How to spot, avoid, and report weather-related scams.” Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing.

Privacy 40

Privacy Reporting Contracts Advertising 40

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. Note: The responses below were received in 2023.

Privacy 137

Privacy IP Technology Reporting 137

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. In Virginia, insurance contracts are interpreted according to general principles of contract law; any ambiguity is construed against the insurer. “In The Virginia ROP “protects both a property interest and a right to privacy.”

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 89

Privacy Contracts Marketing Marketing 89

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. 2023 WL 7325109 (N.D. Meta Platforms, Inc.

Trademark 91

Trademark Contracts Blogging Fair Use 91

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

SEPTEMBER 7, 2023

On September 8, 2023, the California Privacy Protection Agency (CPPA) will discuss the two new sets of proposed California Privacy Protection Act (CCPA) regulations.

Privacy 40

Privacy Business Technology Contracts 40

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. 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.” Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. 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.

Contracts 73

Contracts Advertising Advertising Privacy 73

BYU Copyright Blog

NOVEMBER 2, 2023

July 31, 2023, Pima filed a complaint against Yuksel for his refusal to remove videos he had posted on YouTube and his website. Moreover, Pima asserts that Yuksel's actions constitute a threat to students' privacy and a violation of their rights under the Family Educational Rights and Privacy Act (FERPA).The

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This month’s issue of Ping® highlights recent changes in State laws in Illinois and New York. Independent Contractors.

Designs 52

Designs Design Law Contracts 52

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

LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. COY Collective, Inc.,

Web Development 59

Web Development Social Media Copying Copyright 59

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 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. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

LexBlog IP

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. 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.” Apple, Inc. ,

Marketing 52

Marketing Marketing Privacy Contracts 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. In re: StubHub Refund Litigation , No.

Contracts 71

Contracts Law Reporting Blogging 71

LexBlog IP

NOVEMBER 28, 2023

Both could become law as early as the end of 2023, although with grace periods built in. For example, airlines would have access to performance data about their planes currently held by the manufacturer [1] , allowing them to explore potentially cheaper contracts for repair and maintenance with a third party. 5] [link]

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. Noshirvan , 2023 WL 8280955 (M.D. Garramone responded to a negative review by stating that it was not from a former or current patient. Patients canceled scheduled procedures. Case Citation : Couture v.

Editing 65

Editing Publishing Reporting Contracts 65

Trading Secrets

APRIL 18, 2023

3, 2023) found alleged trade secret secrets did not lose their secrecy status even though they were posted on the court’s public, electronic docket. Additionally, companies can evaluate physical and digital data security practices and implement protection measures, while respecting employees’ privacy rights.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

JULY 31, 2023

On May 25, 2023, the Texas Legislature enacted the biggest structural change to the Texas court system in recent memory. Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Cases exceeding $10 million.

Business 52

Business Contracts Government Law 52

Patently-O

NOVEMBER 27, 2023

It would be a shame if premature overselling of risky policies or settlement disputes led to a bubble popping and a painful contraction. [1] 14, 2023). [3] 14, 2023). [3] 14, 2023). [4] 1] See Aviva Will & David M. Disclosure is required when the insurer “may be liable” on part or all the judgment.

Settlement 81

Settlement Litigation Branding Brands 81

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. Enigma Software Grp. USA, LLC v. Malwarebytes, Inc., 21-16466 (9th Cir. Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

APRIL 18, 2023

3, 2023) found alleged trade secret secrets did not lose their secrecy status even though they were posted on the court’s public, electronic docket. Additionally, companies can evaluate physical and digital data security practices and implement protection measures, while respecting employees’ privacy rights.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

APRIL 18, 2023

3, 2023) found alleged trade secret secrets did not lose their secrecy status even though they were posted on the court’s public, electronic docket. Additionally, companies can evaluate physical and digital data security practices and implement protection measures, while respecting employees’ privacy rights.

Invention 52

Invention Confidentiality Privacy Public Use 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98