Technology & Marketing Law Blog

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. The post Facebook’s Website Isn’t Governed by the ADA–Lloyd v.

Government 95

Government Privacy Blogging Publishing 95

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 74

Contracts Privacy Registration Government 74

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

LexBlog IP

FEBRUARY 6, 2024

and the United States government provides guidance on the minimum requirements that the government must meet to protect trade secrets provided during the regulatory approval process for pharmaceuticals. VANDA’s breach of implied-in-fact contract claim was dismissed). The legal battle between VANDA Pharmaceuticals, Inc.

Government 52

Government Confidentiality Contracts Branding 52

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

Traverse Legal Blog

MARCH 1, 2023

Data Privacy & Security Issues Your SaaS Company Needs to Think About Every employee and department in your SaaS company interacts with different personal data and vendors with which you share personal data. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise.

Privacy 52

Privacy Contracts Web Development Designs 52

JD Supra Law

OCTOBER 4, 2023

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their application to a new environment.

Privacy 80

Privacy Contracts Government IP 80

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Forming online contracts is not rocket science.

Contracts 109

Contracts Designs Design Law 109

Intellectual Property Law Blog

OCTOBER 30, 2023

government. Some of the most important issues not addressed by the Executive Order are the numerous AI-related intellectual property issues.

Privacy 130

Privacy Government Copyright Technology 130

LexBlog IP

FEBRUARY 10, 2023

One small portion of the services offered by Verisk / ISO using information it received improperly include “insurance, banking, finance, construction, real estate, law enforcement, emergency services, government, real estate, and geopolitics.” Privacy is the control over knowledge about oneself.

Privacy 40

Privacy Confidentiality Contracts Law 40

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

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

IPilogue

JULY 9, 2021

Yet, these cases also point to the need for a more or less uniform legal order for data governance. 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.

Privacy 106

Privacy Contracts Social Media Government 106

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. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. From privacy to protecting against misappropriation, data practices demand multiple layers of legal and operational consideration.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

LexBlog IP

APRIL 25, 2022

The Sedona Conference, Working Group 12 on Trade Secrets, has released for public comment its guidance on the governance and management of trade secrets. This valuable Commentary outlines the inherent challenges in developing a trade secret protection program that aligns with a business’s goals and measurable objectives.

Government 52

Government Business Confidentiality Contracts 52

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

JANUARY 19, 2023

Scammers might pretend to be safety inspectors, government officials trying to help you, or utility workers who say immediate work is required. Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing. Spot rental listing scams.

Privacy 40

Privacy Reporting Contracts Advertising 40

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 82

Contracts Privacy Blogging Litigation 82

Barry Sookman

MAY 8, 2022

The Anti-Copyright Hyperbole Fails to Sway the Canadian Government – Hugh Stephens Blog [link] 2022-05-01. It is not unlawful for a government to use modern means of communication which delete communications and make them… [link] 2022-05-01.

Privacy 57

Privacy Contracts Government Blogging 57

IP and Legal Filings

NOVEMBER 9, 2023

There are billions of people who are governed by the same set of territorial laws when it comes to administrative functions like taxes, contracts and even criminal offences. Marriage is a social contract which binds two people in a union. Under Christian Law Christians have a different set of rules that govern their religion.

Law 98

Law Contracts Government Privacy 98

LexBlog IP

OCTOBER 30, 2023

government. Some of the most important issues not addressed by the Executive Order are the numerous AI-related intellectual property issues.

Privacy 52

Privacy Government Intellectual Property Copyright 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. Rather than a flexible duty to regulate of government, it mandates “Broadcasting organizations shall enjoy the right to prohibit.” Delete Article 8.

Public Domain 64

Public Domain Contracts Copyright Licensing 64

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In the US, the Constitution only restricts the action of government actors, not private entities.

Publishing 93

Publishing Government Contracts Law 93

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 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. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 103

Contracts Privacy Social Media Advertising 103

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. By guest blogger Kieran McCarthy.

Blogging 99

Blogging Contracts Law Privacy 99

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 62

Law Contracts Business Marketing 62

IP and Legal Filings

NOVEMBER 9, 2022

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 . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”. Defamation Law .

Contracts 52

Contracts Law Technology Privacy 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 115

Blogging Law Contracts Cease and Desist 115

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. Within the United States, each state has its own specific laws governing data breach notification for residents. The European Union: General Data Protection Regulation (“GDPR”).

Privacy 52

Privacy Intellectual Property Contracts Business 52

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

43(B)log

AUGUST 12, 2022

Resolving Online Content Infringement Disputes with the Use of AI Technology Faye Wang European perspective: Corporations manage notice and takedown, but should a government authority be involved? Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier.

Privacy 59

Privacy Inventor IP Government 59

Technology & Marketing Law Blog

MAY 2, 2022

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

LexBlog IP

MARCH 28, 2022

The contract included a one-year non-compete clause and a forum-selection and choice-of-law clause requiring contract disputes to be adjudicated in New Jersey under New Jersey law. . (“HOC”) and signed an employment agreement with HOC’s parent company, Stryker Corporation (“Stryker”).

Cease and Desist 52

Cease and Desist Law Contracts Government 52

Michael Geist

MARCH 21, 2023

However, it still retained mandated document disclosures that should send a chill into companies, NGOs, and anyone else that engages in, or strategizes about, government legislation. But in this case, the Heritage committee is engaged in a fishing expedition based largely on opposition to government legislation.

Government 94

Government Journalism Contracts Branding 94