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Supreme Court's Lexmark Decision Exhausts Patents

On May 30, 2017, the United States Supreme Court reversed the United States Court of Appeals for the Federal Circuit's decision in Impression Products, Inc. v. Lexmark International, Inc. altering the scope of the patent...more

New DMCA Exemption Allows Consumers to Hack Their Own Vehicles

White & Case Technology Newsflash In a world in which we will soon see fully-autonomous, self-driving vehicles on the road, the Digital Millennium Copyright Act ("DMCA") appears to have taken at least one major step towards...more

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

On July 21, 2016, the Electronic Frontier Foundation ("EFF") filed a complaint against various agencies and members of the U.S. government over Section 1201 of the Digital Millennium Copyright Act ("DMCA"), arguing that this...more

Accelerating the autonomous vehicle revolution

Accelerating the autonomous vehicle revolution - USDOT announces new policy for safe design, development and deployment of autonomous vehicles - In an important step towards facilitating the safe introduction and...more

New deal for transferring personal data from the EU to the US moves a step closer

Following the conclusion in early February of negotiations for the Privacy Shield (the replacement for Safe Harbor), the European Commission has published draft documents providing the full detail of the Privacy Shield...more

Safe Harbor is dead, long live Safe Harbor!

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

On December 9, 2015, the Federal Trade Commission (the "FTC") and Wyndham Worldwide Corporation (and three additional Wyndham entities, collectively, "Wyndham") filed a stipulated order ("Stipulated Order") settling their...more

House Committee Advances Patent Reforms Aimed to Curb Patent Litigation Abuses

On June 11, 2015, the House Judiciary Committee voted 24-8 to approve the Innovation Act of 2015, a bill aimed to curb abusive litigation by so-called patent trolls. "Today in this committee, we are taking a pivotal step...more

Cyber risk: Why cyber security is important - We live in an increasingly networked world, from personal banking to government...

Cyber risk is now firmly at the top of the international agenda as high-profile breaches raise fears that hack attacks and other security failures could endanger the global economy. The Global Risks 2015 report,...more

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

On Wednesday, April 22, 2015, the U.S. House of Representatives passed the Protecting Cyber Networks Act ("PCNA"), which would give companies certain liability protection against potential lawsuits when sharing cyber threat...more

President Obama Issues Executive Order on Cybersecurity Information Sharing

On February 13, 2015, President Barack Obama signed an executive order entitled "Promoting Private Sector Cybersecurity Information Sharing" (the "Executive Order") to foster cybersecurity threat information sharing within...more

Developments in Privacy and Cybersecurity Legislation

On January 13, 2015, the Obama Administration presented to Congress an updated legislative proposal to improve American cybersecurity and data privacy protection....more

SDNY Clarifies Scope of Contractual Exclusions of Consequential Damages Under New York Law

On December 15, 2014, the United States District Court for the Southern District of New York ruled in PNC Bank v. Wolters Kluwer Financial Services that defendant Wolters Kluwer Financial Services ("WKFS") was not liable for...more

California Passes Student Data Privacy Law

On September 29, 2014, California Governor Jerry Brown, signed a bill into law that mandates the protection of the personal data of school children that use online educational programs. The Student Online Personal Information...more

Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

On June 19, 2014, the U.S. Supreme Court unanimously ruled in the case of Alice Corporation v. CLS Bank International that patent claims for managing risk in financial transactions disclosed an abstract idea and were thus not...more

California Attorney General Issues Privacy Policy Guide

On May 21, 2014, California's Attorney General Kamala D. Harris issued the "Making Your Privacy Practices Public" guide (the "Guide") to provide businesses with guidance on creating more transparent privacy policies that...more

Biotronik A.G. v. Conor Medsystems: Be Sure to Expressly Exclude Lost Profits in Drafting New York Law Contracts

On March 27, 2014, the New York Court of Appeals held that a provision excluding both parties' liability for consequential damages would not preclude recovery of lost profits that the court found were the direct and probable...more

Intent-to-Use Trademark Applications and Security Agreements

In financing transactions, such as loans or securitizations, the lender who provides the financing will typically take a security interest over the assets pledged as collateral against the borrower's compliance with its...more

California's Shine the Light Law: A Heightened Pleading Requirement

In three nearly-identical unpublished opinions, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of three separate class actions brought under California's Shine the Light Law.1 The Ninth...more

Do Not Forget to Lock the Backdoor: Adopting a Holistic Approach to Cybersecurity

While cybersecurity has traditionally focused on blocking attacks from the outside through perimeter defenses (e.g., firewalls, intrusion detection, penetration testing), unfolding facts concerning the recent Target data...more

Know Your Subcontractors: Recent FTC Settlement Highlights the Importance of Validating Subcontractor Data Protection Practices

The Federal Trade Commission ("FTC") voted 4-0 on Friday, January 31, 2014 in favor of a settlement with GMR Transcription Services, Inc. ("GMR") and two of its executives in connection with the leakage of sensitive medical...more

FTC Settles U.S.-E.U. Safe Harbor Complaints Against Twelve Companies

On January 21, 2014, the Federal Trade Commission ("FTC") announced agreements ("Settlements") with twelve companies to settle the FTC’s claims that each of the companies had falsely represented that they were in compliance...more

Federal Judge Rules NSA Data Collection Program Is Likely Unconstitutional

On December 16, 2013, a federal judge for the District of Columbia issued an injunction prohibiting the U.S. government from collecting telephonic metadata as part of a National Security Agency ("NSA") surveillance program....more

"Perfecting" Security Interests in United States Patents, Trademarks and Copyrights

Many financing transactions, such as loans or securitizations, involve businesses that are focused on or have some material amount of intellectual property ("IP"). We often receive questions about the IP security interest...more

FTC Denies Application for Proposed Social Network-Based COPPA Consent Verification

On November 13, 2013, the FTC announced that it had denied AssertID Inc.'s ("AssertID") application for approval of a social network-based method of obtaining verifiable parental consent under the amended Children's Online...more

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