topics preemption 
Technology & Marketing Law Blog
JULY 18, 2023
There are more than 300 opinions by federal courts dealing with the express preemption of contracts, and within them two main approaches have emerged. The minority approach suggests that preemption depends on the content of the contract. On the one hand, some circuits completely shield contracts from preemption.
LexBlog IP
APRIL 11, 2023
on the topic “Tips from the Trenches: Hot Issues and Best Practices in Trying a Trade Secrets Claim under the Defend Trade Secrets Act (DTSA).” Topics will include: Judge or jury? I have been invited by the American Bar Association’s Intellectual Property Law Section to speak on Thursday, April 13 at 3:00 p.m.
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Patently-O
AUGUST 30, 2022
Google focuses on an important issue of copyright preemption. Now Genius has brought its case to the US Supreme Court with the following question: Does the Copyright Act’s preemption clause allow a business to invoke traditional state-law contract remedies to enforce a promise not to copy and use its content? by Dennis Crouch.
Technology & Marketing Law Blog
DECEMBER 11, 2021
Copyright Preemption. ” However, “case law weighs against Plaintiffs’ position that a defendant’s advertising of the copyrighted work itself would take the plaintiff’s § 3344 claim outside of copyright preemption. .” FWIW, I raised this issue as a possible paper topic in 2008. Copyright Preemption.
Technology & Marketing Law Blog
AUGUST 2, 2022
Section 230 Preemption. That’s great, but what’s left of the bill after Section 230’s preemption? Thus, it should squarely fall within Section 230’s preemption. This will further motivate platforms to toss kids overboard. This bill tries to avoid reaching third-party content, but that’s all it does.
Trading Secrets
JUNE 3, 2022
This blog post summarizes some of the significant decisions grouped by the hot topics below. Preemption in Trade Secret Cases. As the court explained, “[u]nder our settled law, what matters for preemption purposes is whether the trade secrets and unjust enrichment claims are based on the ‘same alleged wrongful conduct.’”
43(B)log
JUNE 29, 2023
Might be broken down by topic. In the US, we’d talk about preemption here.] Justin Hughes: Some topics here are premature, others old hat (trusted flaggers). Senftleben could be right about effects on liability of duties, but from a regulatory perspective there’s a separation. Take on the known unknowns at least.
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