Technology & Marketing Law Blog

APRIL 28, 2023

Hence, DPIA requirements effectively operate as a prior restraint on speech, chilling Internet services from developing new products and features—even products and features that could materially benefit and improve safety for children—to avoid future litigation risks associated with their DPIAs. Default Privacy Settings. Kuklinski v.

Copying 126

Copying Designs Design Blogging 126

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

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. After all, both parties likely want their sensitive documents protected from disclosure.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

Trading Secrets

MARCH 21, 2022

Employers should implement a holistic strategy for protecting trade secrets at every stage of the employment relationship, from onboarding to pre-litigation enforcement efforts post-termination, with coordination between HR, Legal, IT, and other stakeholders within the company.

Intellectual Property 72

Intellectual Property Confidentiality Privacy Litigation 72

Trading Secrets

JULY 31, 2023

On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). Since the structure of the program wasn’t the primary reason for Privacy Shield’s revocation, from a business perspective, the current DPF looks a lot like the old Privacy Shield.

Privacy 52

Privacy Business Law Intellectual Property 52

The IPKat

AUGUST 2, 2023

Before she hangs up her litigation gloves, her goal is to work on a case involving airplanes. Those who needed to know then had to sign a separate confidentiality agreement. This Kat loves airplanes. If that case involved trade secrets, even better.

Confidentiality 52

Confidentiality Litigation Privacy Technology 52

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. A judge in the Northern District of Texas recently declined to dismiss a lawsuit, CiCi Enterprises LP et al. Mucho Pizza, LLC et al.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

Litigation 105

Litigation Intellectual Property Business Government 105

LexBlog IP

FEBRUARY 22, 2024

A perennial issue in trade secret litigation is: what factual allegations must be pled regarding what trade secrets are left when there are related patents from the same company on the same technology. The recent decision Safe Haven Wildlife Removal and Property Management Experts, LLC v.

Patent 52

Patent Confidentiality Technology Patent Infringement 52

43(B)log

MARCH 21, 2023

He has written and spoken widely on copyright, privacy and other areas of technology law. In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J. She teaches in the area of criminal law, primarily in the Civil-Criminal Litigation Clinic and the Juvenile Justice Clinic, a clinic which she directs and co-founded.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

43(B)log

MARCH 15, 2023

He has written and spoken widely on copyright, privacy and other areas of technology law. In 2015, he authored The Duty of Confidentiality in the Surveillance Age, 17 J. She teaches in the area of criminal law, primarily in the Civil-Criminal Litigation Clinic and the Juvenile Justice Clinic, a clinic which she directs and co-founded.

Technology 59

Technology Journalism Intellectual Property Confidentiality 59

LexBlog IP

JUNE 21, 2022

A recent decision by the Second Circuit reminds litigants that a party asserting a trade secret misappropriation claim under the federal Defend Trade Secrets Act (DTSA), or New York law, must detail in a pleading “the “reasonable measures” employed to maintain the secrecy of the alleged trade secret. CargoSprint, LLC , No.

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

LexBlog IP

JANUARY 4, 2022

One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. text: ‘Privacy’, }. }. }); }); Review Your Contracts Every Year. __ATA.initDynamicSlot({.

Contracts 52

Contracts Business Confidentiality Privacy 52

SpicyIP

FEBRUARY 9, 2023

Supreme Court of India , which dealt with issues of confidentiality, privacy (prior consent) of litigants and witnesses, restrictions on access to proceedings of trials and the preservation of the larger public interest due to the sensitivity of the proceedings. These are based on the principles set forth in Swapnil Tripathi v.

Copyright 136

Copyright Government Law Editing 136

Trading Secrets

JULY 21, 2023

Indeed, with large swaths of the workforce working from home, spouses, roommates, or others living in the same area had an increased opportunity to purloin confidential information that might not have been available to them previously.

Confidentiality 52

Confidentiality Privacy Litigation 52

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

IPilogue

MAY 25, 2022

In his defence, he also identified the Proctorio lawsuit as part of a growing trend of “SLAPP” litigation — Strategic Lawsuits against Public Participation — intended to deter and ultimately silence outspoken critics and inhibit participation in public affairs. On March 11, 2022, the decision Proctorio, Incorporated v.

Confidentiality 92

Confidentiality Copyright Copyright Infringement Litigation 92

LexBlog IP

MARCH 29, 2022

With the ever increasing move towards remote working, more and more out-of-state employers may find themselves in a California court pursuing or defending against claims that arose from an employment agreement that was ostensibly supposed to be litigated outside of California. The Superior Court, 75 Cal. 5th 844 (2022).).

Litigation 52

Litigation Contracts Confidentiality Government 52

LexBlog IP

DECEMBER 6, 2021

These interests include business good will, trade secrets, or other confidential and proprietary information. In view of the competing interests and complex issues involved, companies should consult experienced non-compete litigation counsel before suing for enforcement. Failure to request reformation may result in a waiver.

Confidentiality 52

Confidentiality Business Litigation Designs 52

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

Trading Secrets

JUNE 16, 2023

Seyfarth’s third installment in the 2023 Trade Secrets Webinar Series will provide valuable insights and practical tips on how to manage and safeguard your company’s confidential information in a remote work environment. As businesses continue to operate remotely, protecting trade secrets has become increasingly important.

Confidentiality 64

Confidentiality Business Privacy Litigation 64

LexBlog IP

NOVEMBER 30, 2021

In determining whether to keep certain records sealed, Courts must evaluate whether good cause exists to prevent access, balancing “the asserted right of access against the other party’s interest in keeping the information confidential.”

Confidentiality 52

Confidentiality Litigation Privacy Intellectual Property 52

LexBlog IP

JUNE 13, 2022

Litigators know it is generally not easy to recover attorneys’ fees in defense of a trade secret misappropriation action. TransPerfect is an important decision for trade secret litigants on both the plaintiff and defense side. ” [1] But what exactly does bad faith mean and what is the threshold? ” Id. ” Id.

Confidentiality 52

Confidentiality Litigation Technology Law 52

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

JULY 15, 2021

On June 16, and then on July 6, 2021, Connecticut Governor Ned Lamont signed into law a pair of bills that together address privacy and cybersecurity in the state.

Reporting 40

Reporting Privacy Business Licensing 40

LexBlog IP

DECEMBER 13, 2021

” The order enjoined the defendants from “using Mallet’s confidential, proprietary and/or trade secret information in any respect” but did not explain what, exactly, constituted Mallet’s alleged trade secrets.

Confidentiality 52

Confidentiality Litigation Marketing Marketing 52

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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

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

SpicyIP

AUGUST 8, 2021

In the interim order, it was found that there is a prima facie case to uphold the petitioner’s RTBF, based on (1) the protection of his right to privacy and reputation both online and offline, and (2) providing an acquitted person the right to have their name redacted and stop being identified as an accused person. News from India.

Privacy 105

Privacy Journalism Inventor Music 105

The IP Law Blog

JANUARY 12, 2023

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. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

AUGUST 17, 2021

Customer Data Breach Litig., This litigation followed. California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. In re Blackbaud, Inc., 3:20-mn-02972-JMC, MDL No. 2972, 2021 WL 3568394 (D.S.C.

Privacy 59

Privacy Business Litigation Confidentiality 59

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. 2019) (stating that “[t]he fact that the [confidentiality] Agreement does not state a time limitation, but instead applies forever, further supports a finding that it is unenforceable”); Howard Schultz & Assocs.

Blogging 70

Blogging Contracts Cease and Desist Confidentiality 70

43(B)log

FEBRUARY 18, 2022

Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. A: contracts were confidential but may be able to talk about standard terms. RT: Litigated cases about influencers might have the contracts as part of the record.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

SEPTEMBER 14, 2021

There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy. The litigants use the Internet, but who doesn’t, so normally the court would say this factor is irrelevant. OxBlue. * Want To Know Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit? Marketing channels.

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Advertising Advertising Trademark Settlement 98