Susan McLean

Susan McLean

Morrison & Foerster LLP

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MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more

11/29/2016 - Copyright De Minimis Claims Enforcement FDA New Regulations Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Popular Trademarks UK UK Brexit

European Commission Publishes Draft Regulation Prohibiting Geo-Blocking by Online Traders and Content Publishers

As part of the European Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers located in other EU Member...more

11/2/2016 - Anti-Discrimination Policies Cross-Border Digital Single Market E-Commerce EU European Commission Geo-Blocking Member State UK Brexit

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

10/31/2016 - CJEU Copyright Corporate Counsel EEA EU First Sale Doctrine Popular Software Trademarks Young Lawyers

UK Consumer Protection Regulator Cracks Down on Undisclosed Endorsements and “Cherry Picking” Reviews on Social Media

Social media is reportedly rife with influencers promoting or reviewing products or services without disclosing compensation or other consideration that they’ve received for such endorsements. The Competition and Markets...more

10/26/2016 - Advertising Cherry Picking Marketing Online Endorsements Social Media UK UK Competition and Markets Authority (CMA)

Copyright: Europe Explores Its Boundaries - Digital Single Market Update: The European Commission’s Proposal to Modify and...

Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more

10/11/2016 - CJEU Copyright Digital Single Market Disabled EEA EU European Commission Member State Popular Publishers Remuneration

Copyright: Europe Explores Its Boundaries - European Court Rules That Hyperlinking May Constitute Copyright Infringement

The Court of Justice of the European Union (CJEU) has ruled that, in certain circumstances, the act of posting a hyperlink to copyrighted works without the author’s consent may constitute copyright infringement. The crucial...more

10/11/2016 - CJEU Copyright Copyright Infringement EU Hyperlink

Copyright: Europe Explores Its Boundaries - What’s the Cost of Free Wi-Fi?

Free Wi-Fi may come with more strings attached than anyone previously thought – at least in Europe. A recent copyright ruling of the highest European Union court may prove to be a double-edged sword for entities that offer...more

10/6/2016 - CJEU Copyright Digital Single Market EU Infringement ISS Popular Wi-Fi Hotspot

Ten Key Legal Issues to Consider When Moving Stateside

Stateside - Even before the uncertainties following the Brexit referendum result, a move to the U.S. was an attractive proposition for high growth UK businesses. Common language, similar culture, access to capital and a...more

9/6/2016 - Corporate Structures Data Privacy E-Commerce Intellectual Property Protection International Labor Laws Investment Securities Taxable Income UK

Brexit: The UK Clarifies Its Position On Intellectual Property

The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more

8/22/2016 - CDPA Community Designs Copyright Digital Single Market EU European Patent Office European Union Intellectual Property Office (EUIPO) European Union Trade Mark (EUTM) Intellectual Property Protection Member State Referendums Trademarks UK UK Brexit Unified Patent Court Unitary Patent

Less Is More: European Commission Gives Boost to the Collaborative Economy

Sometimes, what’s omitted is more important than what’s included. And never more so than in relation to EU regulation and compliance. Providers of peer-to-peer platforms may have feared that a desire by the EU to...more

8/18/2016 - Collaboration Digital Single Market E-Commerce EU EU Directive European Commission Member State On-Demand Services Peer-to-Peer

European Commission Publishes Draft Regulation on Geo-Blocking – Will It Unblock ECommerce Across the EU?

As part of the Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers based on nationality or location. The...more

8/18/2016 - Cross-Border Customer Protection Rule Digital Single Market Draft Guidance E-Commerce EU European Commission Exclusions Geo-Blocking Goods or Services Internet Retailers Member State Non-Discrimination Rules Proposed Regulation UK Brexit

Digital Single Market Update: European Commission Concludes No New Regulation for Online Platforms

Online platforms have transformed the way we live and work and, as a result, platform operators have become some of the world’s leading brands. But the EU is concerned that Europe is not currently keeping pace with the U.S....more

8/17/2016 - Digital Single Market E-Commerce EU European Commission Member State Online Platforms Proposed Regulation UK Brexit

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more

7/13/2016 - Ad-Blockers Copyright Emoji Facebook FTC Marketing NLRA Sexual Harassment Social Media UK

Harmonization of Trade Secrets in Europe and New US Trade Secrets Law Gets the Green Light—What Do These Changes Mean for...

A harmonized trade secrets protection regime is coming to Europe and the US. Until now, there has been a fragmented approach to trade secrets across Europe, with some countries having specific trade secrets legislation and...more

5/31/2016 - Defend Trade Secrets Act (DTSA) EU EU Directive Germany Injunctions Trade Secrets TRIPS Agreement UK UTSA

Social Media Competitions in the UK: Play Fair

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions...more

5/19/2016 - Advertising Advertising Standards Authority CAP Code Competition Authorities Facebook Instagram Personal Brands Prizes Social Media Twitter UK

Socially Aware: The Social Media Law Update Volume 7, Issue 3

How To Protect Your Company’s Social Media Currency - Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is...more

4/29/2016 - Clickwrap Agreements Data Security Digital Single Market EU EU-US Privacy Shield Internet of Things IP License Online Reviews Protected Concerted Activity Social Media US-EU Safe Harbor Framework

Demystifying Blockchain and Distributed Ledger Technology – Hype or Hero?

Move over Bitcoin. It’s the “blockchain”, the innovation that powers Bitcoin, that’s now grabbing all of the headlines. Supporters have been evangelising about the potential transformative power of distributed ledger...more

4/6/2016 - Bitcoin Blockchain Corporate Counsel Financial Sector Popular Young Lawyers

Digital Single Market Strategy Update: Europe Proposes Further Harmonisation of Consumer Protection Laws

The European Commission has published two draft directives on the supply of digital content and the online sale of goods that aim to help harmonise consumer law across Europe. In proposing these new laws, the European Union...more

3/31/2016 - Digital Goods Digital Single Market EU European Commission Sale of Goods Act (SOGA)

Socially Aware: The Social Media Law Update Volume 7, Issue 2

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York...more

3/9/2016 - Advertising B2C Big Data Digital Goods Discovery Discovery Rule EU Facebook FTC Internet Retailers Marketing Mobile Apps Native Advertising Social Media Terms and Conditions User-Generated Content

FinTech Focus: New European Directive on Payment Services (PSD2) Comes into Force

On 12 January 2016, the long-awaited revised Payment Services Directive (“PSD2”) came into force in Europe. This replaces the Payment Services Directive (“PSD”) that has been in place since 2007. The deadline for EU member...more

2/3/2016 - Data Security E-Commerce EBA EU Financial Services Industry FinTech New Regulations Popular PSD2 Technical Standards Third-Party Service Provider

Socially Aware: The Social Media Law Update Volume 7, Issue 1

Three Steps To Help Ensure The Enforceability Of Your Website’s Terms Of Use - Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the...more

1/29/2016 - Barnes and Noble Corporate Counsel Enforceability Facebook FTC FTC Endorsement Guidelines Harassment Instagram Microsoft Online Contracts Reddit Search Warrant Section 5 State Data Breach Notification Statutes Terms of Use Twitter UK Vlog Websites Young Lawyers

Launching a Mobile App in Europe? Seven Things to Consider When Drafting the Terms & Conditions

The mobile app has become the new face of business. It’s no longer sufficient to have a company website. More and more companies want a mobile app that users can download to their smartphones and easily access. It’s not...more

1/28/2016 - App Developers App Store Enforceability EU EULA Mobile Apps Privacy Policy Terms and Conditions

How UK Brands That Use Vlogger Endorsements & Social Media for Marketing Can Stay on the Right Side of the Law

Vloggers have become the reality stars of our times. For an increasing number of social media users, what was once a hobby is now a lucrative career. You may be surprised to learn that Felix Kjellberg (aka “PewDiePie”), a...more

10/6/2015 - Advertising Celebrity Endorsements Content Marketing Internet Marketing New Guidance Online Advertisements Online Endorsements Popular Social Media Social Media Policy Transparency Twitter UK Unfair or Deceptive Trade Practices Vlog YouTube

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

5/15/2015 - Anonymity Copyright Digital Assets DMCA FTC Internet of Things Mobile Devices Online Reviews Social Media Social Networks Terms and Conditions Web Scraping Web Tracking Yelp

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