Jeff Neuburger

Jeff Neuburger

Proskauer Rose LLP

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New York Proposes First State Bitcoin Regulations

One might have thought the biggest news in the digital currency world lately was Dell announcing that it was now accepting bitcoin. However, after a series of highly-publicized hearings in January, New York State rolled out...more

7/25/2014 - Bitcoins Dell Digital Assets Licensing Rules Proposed Regulation Rulemaking Process Virtual Currency

Proposed “Bitlicense” Regulations Published to the New York Register

Today’s New York State Register includes a Notice of Proposed Rule Making from the New York State Department of Financial Services (the “NYSDFS”) regarding the regulation of virtual currency (“Regulation of the Conduct of...more

7/23/2014 - Licenses Licensing Rules Rulemaking Process Virtual Currency

Sixth Circuit Reinforces CDA Immunity – Reverses Lower Court in Jones v. Dirty World

On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more

6/17/2014 - Communications Decency Act Defamation Free Speech TheDirty.Com Websites

Mobile Alphabet Soup…What Exactly Is an ATDS under the TCPA?

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 – likely due to the increased use of mobile marketing (not to mention the availability of statutory damages...more

6/10/2014 - ATDS FCC Marketing Mobile Devices Robocalling Smartphones TCPA Texting

FINRA Alerts Investors to Bitcoin Risks

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the...more

3/17/2014 - Bitcoins FINRA Virtual Currency

FINRA Issues Investor Alert Concerning Bitcoin Trading and Speculation

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to the collapse of the former top bitcoin exchange, Mt. Gox, stemming from the...more

3/13/2014 - Bitcoins Cybertheft FINRA Virtual Currency

Bitcoin Does Not Need a Ban, It Needs Enlightened Regulation

If an outright ban of Bitcoin is not the correct approach, what is? More to the point, what does Bitcoin (and virtual currency in general) need to for legitimacy?...more

2/27/2014 - Bitcoins Legal Perspectives Virtual Currency

No Expansion of CFAA Liability for Monetary Exploit of Software Bug

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200? card. By the next turn, the proceeds are usually invested in properties and houses,...more

11/14/2013 - CFAA Fraud Gambling Online Poker Poker Software

Staving Off Scrapers of User-Generated Content with Electronic Copyright Transfers… A Legal (But, Perhaps Not a Practical)...

It’s a problem that has vexed website owners since the days of the dot-com boom – how to make certain user-generated content available to users or subscribers, but also prevent competitors and other unauthorized parties from...more

11/12/2013 - Copyright The Copyright Act Transfers User-Generated Content

New California Law Impacts Use of Information from Minors, Offers Right to Delete

On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation...more

10/2/2013 - COPPA Data Collection Internet Marketing Minors Right to Delete

Sixth Circuit Affirms ‘Dirtiest Hotel’ Defamation Ruling

We previously wrote about a Tennessee district court’s decision holding that a hotel’s inclusion at the top of the 2011 TripAdvisor “Dirtiest Hotels” list constituted hyperbolic opinion and rhetorical exaggeration, and thus...more

9/24/2013 - Defamation First Amendment Free Speech Hotels TripAdvisor

Assignment of Copyright through Terms of Use: Does E-Sign Make It OK? A Tool for B2B Sites Dealing with Unauthorized Access to...

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content....more

12/20/2012 - Clickwrap Agreements Copyright E-SIGN Infringement License Agreements Licenses Terms of Use User-Generated Content

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