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UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Augmented Reality

If you haven’t heard about newest gaming craze yet, it’s based on what is called “augmented reality” (AR) and it could potentially impinge on your home life and workplace as such games allow users to “photograph” imaginary...more

Twitter Sued For Right of Publicity Violations Over Profile-Trading Game

A class action lawsuit was filed in California yesterday against Hey, Inc. and Twitter regarding Hey’s online trading game in which players collect profiles of (and use virtual currency to invest in) real-life people as if...more

LinkedIn Has Beef With Data Scraping Bots

Linkedin has filed a lawsuit to prevent unauthorized use of “bots” that register fake profiles on the social network and steal data about actual users. According to the suit, these acts constitute a breach of Linkedin’s terms...more

Three Point Shot - Summer 2016

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

Your Confidential Employment Information Is Safe Under Tennessee's Uniform Fiduciary Access to Digital Assets Act

On July 1, 2016, Tennessee’s Revised Uniform Fiduciary Access to Digital Assets Act went into effect.  The Act grants fiduciaries authority to access a decedent’s digital assets.  As a result, executors, trustees, powers of...more

Ninth Circuit Vastly Expands Scope of Criminal, Civil Liability for Computer Fraud

In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

How to Respond to a Cyber Extortion Demand

Cyber extortion refers to a situation in which a third party threatens that if an organization does not pay money, or take a certain action, the third party will take an adverse action against the organization. Among other...more

EU Retail News - May 2016

UK: How to comply with consumer protection laws — are you faking it? On 4 March 2016, the UK Competition and Markets Authority ("CMA") published guidance for businesses on how to comply with consumer protection law...more

Advertising Law - May 2016

Kanye's Promise of Exclusivity a Siren Song, Suit Says - Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust...more

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

Friend Request Denied: Judge Asks Attorneys to Refrain from Social Media Searches of Jurors

In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the...more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

IP Litigation Insider - March 2016

Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents? In the wake of the September 16, 2011, enactment of the America Invents Act ("AIA"), many third-party individuals and organizations began utilizing...more

Hulk Hogan Wins Big Verdict

In what might be a cautionary tale of the privacy risks for organizations who do business in buying and selling information, last Friday, a Florida jury awarded Hulk Hogan, whose true name is Terry Bollea, $115 Million in...more

Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet...

As the re-trial in the Oracle v. Google case approaches, both parties requested an opportunity to use a jury questionnaire followed by a limited, one hour oral voir dire. The district court reviewed the proposed questionnaire...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

FDA Regulatory and Compliance Monthly Recap — January 2016

OPDP enforcement reaches record low in 2015 as drugmakers face uncertainty in digital marketing - Enforcement by the OPDP has fallen notably since 2010. The decline has been attributed, in part, to the agency's slow...more

Twitter, the Drone Selfie and Charting a Course for New Technology

A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned...more

Online Infringement and Norwich Orders: an update

This is a case that became something of a lightning rod in the storm of subscriber privacy rights vs. copyright. As we wrote in our earlier post, a copyright owner can only enforce its rights against online infringement if it...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

Advertising Law - November 2015 #4

Sharing Is Caring? New Report Documents Apps Sharing User Data at High Rates - A new report has revealed that Apple and Android apps share information with third parties at high rates. Testing 55 of the most popular...more

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