Jeff Neuburger

Jeff Neuburger

Proskauer Rose LLP

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SONY Pictures Breach Stresses Need to Revisit Document and Email Retention Policies

The SONY Pictures cybersecurity breach playing out in public over the last few weeks is just the latest in a series of high profile cybersecurity breaches. This one is a little different than some of the other commercial...more

12/19/2014 - Class Action Cyber Attacks Cybersecurity Data Breach Data Retention Email Policies Film Industry First Amendment Hackers Personally Identifiable Information Popular Sony

QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The...more

12/8/2014 - Breach of Contract CFAA Mobile Apps QVC Terms of Use Web Scraping

Music Publishers Bring Contributory Copyright Claims Against ISP for Infringing Activities of Subscribers

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more

12/3/2014 - Copyright Copyright Infringement Corporate Counsel Entertainment Industry Illegal Digital Downloads ISPs Music Industry Publishers Subscribers

California Supreme Court Denies Review of Ruling Allowing Restaurant Owner’s False Advertising Claims to Proceed Against Yelp

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL 3661491 (Cal. App. July 24, 2014), which allowed a restaurant owner to proceed...more

11/20/2014 - Advertising Appeals False Advertising Online Reviews Restaurant Industry Yelp

FinCEN Releases Two Rulings Classifying a Bitcoin Payment System and Virtual Currency Trading Platform as MSBs

In its opening salvo bringing bitcoin under the watchful eye of the federal government, the Financial Crimes Enforcement Network (FinCEN) issued a Guidance (FIN-2013-G001) in March 2013 clarifying that anti-money laundering...more

10/29/2014 - Anti-Money Laundering Bank Secrecy Act Bitcoins FinCEN Money Services Business Recordkeeping Requirements Reporting Requirements Virtual Currency

Landmark Oracle-Google Android Copyright Dispute May End Up In Supreme Court

While many smartphone users were gazing upon their new iPhone 6 Plus’s 5.5-inch screen with wonder, there was another notable development in the mobile/tech world – the ongoing software copyright dispute between Oracle and...more

10/13/2014 - Popular

Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?

New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated. The latest example is the use of “geofencing” in an attempt to...more

10/6/2014 - Copyright Digital Media Geofencing Internet Streaming Licenses Popular Radio Stations Royalties Technology The Copyright Act Webcasts

Website Marketing Statements: The Achilles’ Heel to CDA Protection?

It’s no secret that local directory/consumer review websites are popular among consumers looking for recommendations before dining out, hiring a contractor, or even picking a dentist or day spa. Yelp reported around 138...more

9/12/2014 - Corporate Counsel Defamation Online Reviews Yelp

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

9/9/2014 - Browsewrap Agreement Clickwrap Agreements Internet Notice Requirements Void and Unenforceable Websites

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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