Technology & Marketing Law Blog

MAY 16, 2022

Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact on litigation results. by guest blogger Philip Favro. GoDaddy.com LLC , 340 F.R.D.

Blogging 107

Blogging Litigation Intellectual Property Privacy 107

Technology & Marketing Law Blog

AUGUST 16, 2021

Customer Data Breach MDL Litigation , 2021 U.S. Walmart. * The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post). * SF Chronicle Op-Ed: “Prop. Case citation : In re Blackbaud, Inc., LEXIS 151831 (D.S.C. Prior CCPA/CPRA Posts. * 24. * Californians: VOTE NO ON PROP.

Privacy 124

Privacy Blogging Business Marketing 124

Technology & Marketing Law Blog

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Not so much on the facts of the case, but mostly on where it is being litigated.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

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

JIPL Online

MARCH 21, 2022

While the option of moving in-person proceedings to a virtual format can be even more convenient to the conventional model, this “new normal” poses a new threat to privacy. [4] This blog proposes public policy arguments and concrete solutions to the laissez-faire approach to privacy in criminal court proceedings.

Privacy 52

Privacy Blogging Litigation Confidentiality 52

Technology & Marketing Law Blog

JULY 26, 2023

When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Defendant created an account to access Chegg’s data. The terms prohibited scraping.

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

SpicyIP

JANUARY 18, 2023

Why all this philosophical fodder suddenly on an IP blog … . And Other Connected Cases while deciding on a litany of 9 litigations. Privacy and Anonymity. Another notable aspect of this case is how the Court defined privacy in the context of data made available by parties before the Court. Well … there’s a (new?)

Publishing 118

Publishing Privacy Reporting Journalism 118

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

FEBRUARY 13, 2022

See, e.g., In re Ring LLC Privacy Litigation (C.D.Cal., JustAnswer (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v.

Blogging 101

Blogging Contracts Law Privacy 101

IPilogue

FEBRUARY 2, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective.

Business 106

Business Privacy Intellectual Property Law Advertising 106

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. He’s going out of his way to enable them–despite the broad-scale movement elsewhere to crack down on data brokers and enhance consumer privacy. He presided over the famous hiQ Labs v. The post Game On!

Blogging 72

Blogging Contracts Cease and Desist Confidentiality 72

LexBlog IP

MAY 31, 2022

Last week, the Federal Trade Commission’s (FTC) tech blog quietly published a post that could have broad implications – for privacy practitioners and beyond. The blog post seems to be broadly glossing over the actual legal standard. That a practice is unfair has generally not been decreed via a blog post.

Blogging 52

Blogging Technology Privacy Settlement 52

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.” CMG Media Corp. 2024 WL 559591 (N.D.

Privacy 89

Privacy Litigation Marketing Marketing 89

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. Google changed its privacy policy to collect all “public” data (viz., Guest Blog Post) appeared first on Technology & Marketing Law Blog. Which is probably a big part of the reason that many judges have been eager to distance themselves from it.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problems, see this lengthy blog post. Monday, I covered AB 2273, the Age-Appropriate Design Code.

Social Media 119

Social Media Blogging Privacy Government 119

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Some prior blog posts on 512(h): 512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v.

Privacy 113

Privacy Fair Use Blogging Copyright 113

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences. To avoid this paralyzing effect, services will screen out children entirely.

Designs 111

Designs Design Privacy Business 111

LexBlog IP

APRIL 20, 2023

Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. How would the Proposed Rule change the Privacy Rule regulations?

Privacy 52

Privacy Law Blogging Confidentiality 52

Technology & Marketing Law Blog

AUGUST 29, 2022

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. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Blog Posts. . __ (forthcoming 2022).

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

MARCH 23, 2022

By the time Plaintiffs were alerted to this information, any information derived from their counsel’s use of the website had already been publicly filed and had become part of the litigation. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Case Citation: Callahan v. Facebook.”.

Privacy 100

Privacy Contracts Personality Rights Litigation 100

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The court says this is the end of the road for Nicosia: [t]here must be an end to litigation someday, and free, calculated deliberate choices are not to be relieved from. __. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 84

Contracts Privacy Blogging Litigation 84

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. Once the patent expires, the product’s position in the marketplace is compromised as generics can enter without risking infringement litigation.

Business 110

Business Privacy Contracts Confidentiality 110

Technology & Marketing Law Blog

JUNE 18, 2023

In the face of those costs and resources, any profit-maximizing vendor will act conservatively when making classifications that could launch a multi-year litigation war; i.e., if in doubt, approve the software–especially if the software can claim to be a competitor, pretextually or not–even if it’s actually a trojan like scareware.

Blogging 88

Blogging False Advertising Litigation Marketing 88

Trading Secrets

JANUARY 19, 2023

This post was originally published on Seyfarth’s Gadgets, Gigabytes & Goodwill blog. Privacy The greatest legal concern is one of privacy. However, not all ransomware attacks are created equal and privacy obligations differ from one attack to another.

Privacy 59

Privacy Intellectual Property Business Publishing 59

Technology & Marketing Law Blog

JANUARY 28, 2022

The district court granted an injunction that gave control over these key social media accounts to JLM during the pendency of the litigation. While it affirms the district court’s order, it remands with respect to the issue of who gets to control the social media accounts while the litigation is pending.

Social Media 90

Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

JANUARY 26, 2024

Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Although this distinction does not eliminate all the privacy concerns voiced by the FTC in this lawsuit, it does lessen the severity of the alleged privacy injury.

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

DECEMBER 30, 2021

Plaintiffs’ theory would make it difficult or impossible for governments to enact even carefully drawn laws intended to protect the free speech, due process, and privacy rights of platforms’ users and to ensure that our system of free expression serves democracy. I don’t see how any First Amendment supporter can review the Twitter v.

Social Media 112

Social Media Law Blogging Privacy 112

TorrentFreak

DECEMBER 5, 2023

In a blog post , Cloudflare’s Senior Associate General Counsel, Patrick Nemeroff, applauds the verdict. ” There are technical solutions to apply blockades more locally over DNS, but that would require more data gathering, which limits the privacy of the public at large.

Music 97

Music Privacy Copyright IP 97

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). 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.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

SEPTEMBER 19, 2023

[I will blog the NetChoice v. ACLU, saying that filtering solutions were less restrictive than server-side content controls (it took another 5 years of litigation before the challenges were fully resolved). The court credited the concerns, surfaced in the COPA litigation, that age authentication creates security concerns.

Social Media 125

Social Media Privacy Law Government 125

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. Google LLC, amicus brief to the U.S.

Law 103

Law Social Media Advertising Advertising 103

LexBlog IP

DECEMBER 13, 2023

This blog article provides an overview of the relevant California and Federal laws and applicable legal tests for Business Owners with workers in California. This area of employment law is highly litigated, multifaceted & complex. Misclassification is common, with potentially devastating financial & criminal consequences.

Business 40

Business Law Blogging Litigation 40

IPilogue

JULY 22, 2022

I recently had the pleasure of interviewing Heather-Anne Hubbell , an experienced lawyer, litigator, self-described “Serial Entrepreneur”, and Founder and CEO of Phundex. In her career, Heather-Anne has tackled very diverse roles, including as a successful international tax law litigator. in tax at night while continuing to work.

Litigation 119

Litigation Privacy Law IP 119

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. I’ve blogged three yearbook cases so far this year ( Callahan v. Ancestry ), and today I’ll blog two more. Now you can see why this case festered in my blog queue for 6 weeks.

Advertising 91

Advertising Advertising Social Media Blogging 91

Technology & Marketing Law Blog

AUGUST 20, 2023

“Hicks’ defamation and Consumer Privacy Act claims (as alleged in the SAC) are explicitly predicated on the imposition of liability for Meta’s hosting, and refusal to remove, defamatory or private information about Hicks.” Either way, looping Facebo0k into this litigation was a terrible decision. The complaint.

Privacy 72

Privacy Publishing Blogging Litigation 72

Technology & Marketing Law Blog

AUGUST 5, 2022

We blogged this case twice before. Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. The Spectacular Failure of Employee Social Media Privacy Laws.

Social Media 99

Social Media Ownership Branding Brands 99