Traverse Legal Blog

JULY 14, 2023

Is Your AI Start-UP Headed for Company Killing Litigation? After all the initial hype wears off, we always see a drastic uptick in regulatory action and litigation filed by law firms against any new successful technology. Some current lawsuits, class actions, and regulatory actions are discussed below. We saw this in the blockchain.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

SpicyIP

JANUARY 18, 2023

And Other Connected Cases while deciding on a litany of 9 litigations. Among other issues, the Court dealt with the question of, whether “ Publishers of judgments, like Indian Kanoon, and other law journals, have no right to publish the details of parties ignoring the privacy rights of litigants which includes their right to be forgotten.”

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Publishing Privacy Reporting Journalism 118

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The idea is that society benefits from more, and better, innovation if innovators don’t need the government’s approval. Those impact assessments will be freely available to government enforcers at their request, which means the regulators and judges are the real audience for those impact assessments.

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Designs Design Privacy Business 113

Technology & Marketing Law Blog

JANUARY 18, 2024

7) Governments loot Google and Facebook under the pretense of “saving” journalism. The term “link taxes” refer to the government compulsion of large Internet services, such as social media or search engines, to pay news media for indexing and publishing their headlines and links. StopTheSADScheme. Incredible.

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Law Social Media Advertising Advertising 105

LexBlog IP

MAY 18, 2022

This includes the protection and enforcement of patents, copyrights, trademarks, trade dress, trade secrets, privacy, and related subject matter. AIPLA is comprised primarily of practitioners in private and corporate practice, in government service, and in the academic community. Cross-border issues in IP litigation.

Patent Prosecution 52

Patent Prosecution Privacy Intellectual Property Government 52

Hugh Stephens Blog

JANUARY 15, 2024

Image: [link] The extended period set by the Canadian Government (through Innovation, Science and Economic Development Canada, ISED) for response to its consultation paper on Artificial Intelligence (AI) and Copyright closed on January 15.

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Copyright Government Privacy Litigation 190

Technology & Marketing Law Blog

AUGUST 10, 2022

Age and identity authentication have numerous downsides and tradeoffs, including creating privacy and security risks for minors. The affirmative defense (which partially negates liability if a government-designated censor approves the service offering) is miscalibrated. This creates a bizarre and counterproductive race to the bottom.

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Social Media Blogging Privacy Government 122

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

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

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.

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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]

Publishing 52

Publishing Government Litigation Inventor 52

IPilogue

JULY 19, 2022

Pina D’Agostine & Dr. Aviv Gaon’s “Selected Topics in Privacy and Cybersecurity Law” course with Osgoode Professional Development. This article was written as a requirement for Prof.

Privacy 119

Privacy Journalism Settlement Technology 119

LexBlog IP

AUGUST 17, 2023

Six Founders Legal® Attorneys Named to 2024 Best Lawyers: Ones to Watch® in America by Founders Legal Distinguished Achievements in Intellectual Property, Patent Law, Technology, Corporate Governance and Compliance, and Mergers & Acquisitions Law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Editing Patent Law 52

SpicyIP

JUNE 27, 2022

While the other proposed amendments are, ostensibly, not as alarming, there is a lack of clarity as to their meaning and scope, and no sound rationale has been put forth by the Government for their inclusion. For convenience, let’s recap what these proposed amendments are: 1. This is a proposed addition in the form of Rule 3(1)(m).

Due Diligence 105

Due Diligence Privacy Government Technology 105

IP and Legal Filings

NOVEMBER 8, 2022

Autonomous refers to acting and governing alone in accordance to state of play in hand while the correct term for the usage should be automated; control by the equipment in the process. [3] IS RIGHT TO PRIVACY VIOLATED UNDER SUCH AUTONOMOUS VEHICLES (PRIVACY BY DESIGN PRINCIPLE).

Privacy 52

Privacy Technology Government Designs 52

IP Watchdog

DECEMBER 18, 2022

Additionally, the development and use of AI and machine learning technologies can raise issues related to privacy and security. They can also be used to make decisions that affect people's lives, such as in the criminal justice system or in hiring, which raises ethical concerns.

Business 145

Business Privacy Technology IP 145

Trading Secrets

DECEMBER 30, 2022

Our survey shows that many have considered the potential information security, privacy, and compliance ramifications of remote access, and will continue to remain vigilant against threats by increasing their security postures.

Intellectual Property 52

Intellectual Property Privacy Technology Government 52

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. TransUnion.

Contracts 86

Contracts Privacy Blogging Litigation 86

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? If failed, online dispute resolution/court litigation. Data privacy as the new frontier. What type of data?

Privacy 59

Privacy Inventor IP Government 59

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer. The COVID-19 Pandemic.

Litigation 69

Litigation Contracts Business Marketing 69

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. Gellis [a standard post, but it has generated extra interest because the two litigants are locked in a noisy death grip). NetChoice LLC v.

Editing 91

Editing Social Media Blogging Advertising 91

Michael Geist

MAY 25, 2022

Bill C-11, much like Bill C-10, has been touted by the government as a measure to ensure that large foreign streaming services contribute to the Canadian cultural sector. A full transcript of the opening remarks are posted at the end of this post. It has been written by those who don’t understand the industry.”

Social Media 135

Social Media Government Television Music 135

Technology & Marketing Law Blog

AUGUST 5, 2022

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 dispute is interesting in many ways–especially the fact that it’s been this heavily litigated.

Social Media 101

Social Media Ownership Branding Brands 101

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. But most litigants have no incentive to protect the public’s right of access.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

The IPKat

AUGUST 2, 2023

Before she hangs up her litigation gloves, her goal is to work on a case involving airplanes. Second, the arguments at trial identified another age-old lesson about trade secrets litigation - making sure you can particularize your trade secrets specifically enough such that it is distinguishable from what is known publicly.

Confidentiality 52

Confidentiality Litigation Privacy Technology 52

Technology & Marketing Law Blog

DECEMBER 17, 2021

The court says the claims aren’t governed by the TOU. The litigation’s only apparent connection to this District — and to the United States — is through the defendant.” I also invite your speculations about why the plaintiffs chose to litigate in the US and are fighting to stay here. Case citation : Finch v.

Litigation 106

Litigation Business Law Marketing 106

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. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

LexBlog IP

DECEMBER 30, 2022

Our survey shows that many have considered the potential information security, privacy, and compliance ramifications of remote access, and will continue to remain vigilant against threats by increasing their security postures.

Intellectual Property 40

Intellectual Property Privacy Government Litigation 40

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. If you said something like “web scraping is illegal”.

Blogging 119

Blogging Law Contracts Cease and Desist 119

Technology & Marketing Law Blog

JANUARY 24, 2024

This case involves a commercial dispute, but questions about social media account ownership are pending before the Supreme Court in the context of government employee-operated accounts. I’d love to see an accounting of the time and money the parties have spent on this litigation.

Social Media 82

Social Media Ownership Designs Design 82

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. The parties have vigorously litigated this case.

Contracts 106

Contracts Privacy Social Media Advertising 106

Technology & Marketing Law Blog

DECEMBER 23, 2022

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. the text notifying the customer of the COUs when creating an account reads: “By creating an account, you agree to Amazon’s Conditions of Use and Privacy Notice.” Zeidenberg case from way back when).

Contracts 78

Contracts Privacy Registration Government 78

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Thus, the 10 lifetime NOCIs threshold is a ruse to mislead people that smaller services aren’t governed by the law, when of course they will be. Also, that consent isn’t limited to jurisdiction over counterfeit claims–it’s over everything the TOS might govern.]. Who Cares About Privacy? eBay rejected.

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Trademark False Advertising Advertising Advertising 139

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

Technology & Marketing Law Blog

AUGUST 2, 2022

It hurts the kids by depriving them of valuable social outlets and educational resources; it hurts adults by requiring age (and likely identity) verification to sort the kids from adults; and the age/identity verification hurts both kids and adults by exposing them to greater privacy and security risks. What the Bill Says.

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Social Media Privacy Designs Design 89

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

IP Tech Blog

JUNE 23, 2023

Defendant also included references to potentially applicable privacy laws, including those of California. In trademark infringement actions, courts generally apply “the purposeful direction analysis,” which is governed by the framework from Calder v. Jones , 465 U.S. 783 (1984).

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Privacy Trademark Advertising Advertising 57