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Richard Raysman

Richard Raysman

Holland & Knight LLP


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The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

4/3/2013 - Copyright Digital Downloads EU First Sale Doctrine Licenses Music Software

Court Finds Improper Joinder of Defendants in Same BitTorrent Swarm

Over the past several years, content providers, particularly in the adult film industry, have filed numerous suits against users who have copied their works via the BitTorrent file-sharing protocol. Put briefly, the use of...more

3/20/2013 - BitTorrent File Sharing Joinder Swarm Downloading

ABA Releases Opinion on Judges' Use of Social Media

A social network is a service that allows its members to share personal information and make personal contacts through a website, mobile phone or other similar wireless device. This openness and sharing has been embraced by...more

2/27/2013 - ABA Ethics Judges Model Code of Judicial Conduct Social Media

FTC Releases Staff Report on Mobile Privacy

Beyond the obvious benefits of the latest generation of smartphones, mobile technology presents multiple privacy challenges. Mobile devices are almost always on, and nearby, and produce large amounts of data that might be...more

2/14/2013 - Advertising Networks App Developers App Platform Providers Data Collection FTC Mobile Apps Mobile Devices Notice Requirements Privacy Policy Trade Associations

Courts Attempt to Reign in Social Media Use by Jurors

Technology has indeed infiltrated the jury box. Jury service, which necessarily involves hours of quiet observation of the proceedings, evokes, for some, a hunger for expression or quick entertainment....more

2/5/2013 - Juror Misconduct Jury Instructions Social Media

FFIEC Issues Proposed Guidance on Social Media Risks and Compliance

The Federal Financial Institutions Examination Council (FFIEC) released a proposed guidance regarding the applicability of consumer protection, compliance and privacy laws to social media usage by banks, credit unions, and...more

1/28/2013 - Compliance FFIEC Risk Mitigation Social Media Social Media Policy

Confidentiality and Invention Assignment Agreements Enforceable Against Former Employee

Generally speaking, noncompete agreements are often rigidly construed by courts and reviewed in terms of whether they are reasonably limited with respect to time and place. On the other hand, confidentiality agreements and...more

1/14/2013 - Assignment of Inventions Confidentiality Agreements Manufacturers Non-Compete Agreements Technology Trade Secrets

Hyperlinks Do Not Republish Alleged Defamatory Material

In In re Phila. Newspapers LLC, 690 F.3d 161 (3d Cir. 2012), the Third Circuit held, among other things, that linking to previously published material is not "republication" under the single publication rule....more

12/5/2012 - Defamation Republication Single Publication Rule TheHuffingtonPost.Com

FTC Publishes New Privacy Guidelines for Mobile Apps

The Federal Trade Commission (FTC) released guidelines to assist mobile app developers to comply with truth-in-advertising and basic privacy principles when marketing new mobile apps....more

11/15/2012 - Advertising Data Collection Data Protection False Advertising Mobile Apps Privacy Policy

Enforceability of Clickwrap Agreement Called into Question - Checklist for Best Practices in Electronic Contracting

Clickwrap agreements are agreements formed on the Internet. A website provider generally posts terms and conditions and the user clicks an "I Accept" button. The courts have generally held these agreements to be enforceable....more

11/7/2012 - Clickwrap Agreements Electronic Agreements Terms and Conditions

Open Source Software: Fifteen Steps to Avoid a Software Disaster

Open Source Software ("OSS") is important business to your company. The improper integration of OSS into your company's information technology systems can impact company value....more

9/24/2012 - IT Systems Licenses Open Source Initiative Open Source Software Software

Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of...

In Seaton v. TripAdvisor, LLC, 2012 WL 3637394 (E.D. Tenn. Aug. 22, 2012), a Tennessee district court held that an online travel ratings site that created a Top Ten Dirtiest Hotels list based upon user comments and data is...more

9/14/2012 - Defamation TripAdvisor User-Generated Content

Multi-Sourcing: An Emerging Model for Risk Avoidance

The traditional model of outsourcing used a single vendor/integrator for all tower management (e.g. data center, network, help desk, applications). Although this was considered "safe" because a single entity was responsible...more

8/27/2012 - Multi-Sourcing Outsourcing

FFIEC Releases Statement on Cloud Computing Risks and Considerations

The Federal Financial Institution Examination Council (FFIEC), an interagency body that advises a number of federal agencies on appropriate standards for the regulation of financial institutions, recently released a statement...more

8/15/2012 - Cloud Computing Data Protection FFI FFIEC Financial Institution Liability Outsourcing

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