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ABA Ethics Opinion on Replying-to-all When Opposing Counsel CC’s Their Client

Patently-O

you cannot communicate with a person represented by counsel in a matter without opposing counsel’s consent — even if opposing counsel is present (the rule is not limited to “ex parte” communications). 2, 2022) ( here ), the ABA indicated that implied consent likely occurs under these circumstances.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. The ToS provided that “‘scraping the Services without the prior consent of Twitter is expressly prohibited.’” Editions Ltd. Facebook v.

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2023 Quick Links: Social Media

Technology & Marketing Law Blog

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

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Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

LexBlog IP

For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. And outside this country, the European Data Protection Board issued some interesting guidelines on the topic. A bipartisan group of lawmakers introduced legislation called the DETOUR Act that would ban dark patterns.

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity. The literal Chinese translation of NFT should be 非同质化代币 (Fei Tong Zhi Hua Dai Bi), an expression that contains the word token. For more details on the topic of design and the metaverse in China see our previous blog post.

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IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

NFTs are both a new creative form of intellectual and artistic expression and a lucrative business opportunity. The literal Chinese translation of NFT should be 非同质化代币 (Fei Tong Zhi Hua Dai Bi), an expression that contains the word token. Article 10.1

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Comments on the Ruling Declaring California’s Age-Appropriate Design Code (AADC) Unconstitutional–NetChoice v. Bonta

Technology & Marketing Law Blog

Regulated expressive conduct The AADC frames itself a “privacy” law, but that’s always been a gross lie. The court continues: “what is ‘in the best interest of children’ is not an objective standard but rather a contentious topic of political debate.” It is and always has been about content censorship. their website).

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