Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. That put their litigation team in the position of needing to make a hail-mary argument of “enforceable browsewrap.” 2024 WL 559591 (N.D. 2024 WL 559591 (N.D.

Privacy 89

Privacy Litigation Marketing Marketing 89

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

APRIL 28, 2023

If passed, the bill goes into effect July 1, 2024 with the first round of DPIAs due July 1, 2025. Default Privacy Settings. Enforce published terms, policies, and community standards established by the business, including but not limited to privacy policies and those concerning children.” Enforcement is limited to the MN AG.

Copying 127

Copying Designs Design Blogging 127

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. I remain intrigued to see how the Guidelines, set for implementation in January 2024, may be changed upon receiving consultations. .

Business 110

Business Privacy Contracts Confidentiality 110

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Read on for Shivam Kaushik’s take on this judgment. Bulgari S.P.A

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Trademark Invention Licensing Patent 59

Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). The studies are all pre-DTSA and expansion of privacy and trade secrecy protection regimes across corporate culture.

Patent 68

Patent Confidentiality Business Marketing 68

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

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Copyright Fair Use Copyright Law Editing 56

Technology & Marketing Law Blog

JANUARY 18, 2024

In particular, age authentication mandates are riddled with unavoidable privacy and security concerns; they also make it harder to navigate the Internet and create an authentication infrastructure that censors and authoritarians will find easy to weaponize in the future. IP & Innovation L.

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Law Social Media Advertising Advertising 103

Technology & Marketing Law Blog

FEBRUARY 1, 2024

Power Ventures for the proposition that de minimis losses can state a 502 claim…belated kudos to Facebook’s litigation team for setting key Facebook-favorable precedent ] Facebook also challenged that it made sufficient “use” of the data. This sounds like the recipe for an infinite litigation machine.

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Law Litigation Technology Blogging 103

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1] 2] Ibid , at para. 3] Ibid , at para.

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Publishing Government Litigation Inventor 52

Technology & Marketing Law Blog

JANUARY 24, 2024

I’d love to see an accounting of the time and money the parties have spent on this litigation. Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts? Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

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Social Media Ownership Designs Design 80

IP Tech Blog

OCTOBER 12, 2023

This problem has dogged efforts to pass federal data privacy and, more recently, cryptocurrency legislation. We highly recommend that businesses engage early in shaping AI policy, rather than wait on the sidelines for final rules, laws, or resulting litigation. It could continue to delay any comprehensive AI legislative package.

Technology 62

Technology Due Diligence Privacy Government 62

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Though the court doesn’t discuss any of the precedent cases, the court is addressing the well-litigated question of whether online marketplaces are legally responsible as the “seller” of marketplace items. GMB is not the party renting the vessel; rather, it is Chaves who rents the vessel. LEXIS 23688 (S.D.

Contracts 74

Contracts Advertising Advertising Privacy 74

LexBlog IP

OCTOBER 12, 2023

In September, the Democratic chair and top Republican on the Senate Judiciary Subcommittee on Privacy, Technology and the Law outlined legislation that would create an independent oversight agency for artificial intelligence technologies and require companies creating high-risk applications to register with the new body.

Technology 52

Technology Due Diligence Government Privacy 52

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. 2024 WL 251406 (N.D. 23, 2024) The short version of the facts are as follows: Bright Data, headquartered out of Israel, is one of the largest web-scraping companies in the world. He presided over the famous hiQ Labs v.

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

43(B)log

APRIL 7, 2023

Chavannes: platforms will have to litigate; no opinion is valid until the CJEU gives an answer in 5-10 years, if you know that a particular service is under Art. You have to make up your mind whether you’re going to challenge national regulators; platforms have complex incentives and internal stakeholders not keen to litigate.

Art 69

Art Litigation Law Reporting 69

LexBlog IP

JULY 31, 2023

Texas’s Business Courts will activate on September 1, 2024, and will handle complex commercial disputes with significant amounts in controversy. To that end, those with potential matters before these courts should educate themselves on the intricacies of this new avenue for Texas commercial litigation.

Business 52

Business Contracts Government Law 52

Patently-O

DECEMBER 12, 2021

The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] Hence, in some circumstances registration of famous person’s names could perhaps result in less political speech, not more. Dogan & Mark A.

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Registration Government Advertising Advertising 69