Science, Computers & Technology, Commercial Law & Contracts, Communications & Media Law

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

Why Do I Have To Agree To Your Privacy Notice? And Other Curiosities

by Tim Banks | Dentons on 5/2/2013

There are a number of curious features to the Privacy Notice splash page for Canada’s new online tool for making access to information (ATIP) requests....more

Are "Click-Through" Internet Marketing Tax Laws Constitutional?

by Kirk Jenkins | Sedgwick LLP on 5/2/2013

Our preview of the oral arguments at the Illinois Supreme Court during the May term concludes with Performance Marketing Association, Inc. v. Hamer. PMA will be heard by the Court during the 9:00 a.m. session on Thursday, May...more

FDA Issues Two Warning Letters for Social Media Use: FDA Does Not Approve of “Liking” Consumer Claims and Targets Website Search...

by Fuerst Ittleman David & Joseph, PL on 4/29/2013

In 2009, the U.S. Food and Drug Administration (FDA) announced that it intended to release a guidance document explaining how it will regulate industry’s use of social media to advertise products or communicate with...more

Spam Smart Tip: Transition Period Balm For The Compliance Sting

by Tim Banks | Dentons on 4/26/2013

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

by Tim Banks | Dentons on 4/24/2013

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

CPA issues Amendments to Electronic Data and Document Rules and Standards

by Lisa K. Abe-Oldenburg | Bennett Jones LLP on 4/24/2013

The Canadian Payments Association has issued amendments to Automated Clearing and Settlement System (ACSS) Rules and Standards, which came into effect on April 22, 2013....more

FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security

by Paul Glist, Paul B. Hudson | Davis Wright Tremaine LLP on 4/19/2013

On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order...more

Mobile Payments Infographic

by James G. Gatto, Deborah Thoren-Peden | Pillsbury Social Media, Entertainment &... on 4/17/2013

Check out this Mobile Payments Infographic brought to you by the Mobile Payments Working Group, as part of the Application Developers Alliance. Pillsbury team members Jim Gatto, Deb Thoren-Peden and JiJi Park are all members...more

IRS Capitalized Legal Fees Incurred by Pharmaceutical Company

by En-Jiun Ma, Philip McCarty, Dwight Mersereau | McDermott Will & Emery on 4/15/2013

In a recently released Field Attorney Advice, the Internal Revenue Service (IRS) Office of Chief Counsel concluded that a pharmaceutical company must capitalize legal fees incurred to obtain Food and Drug Administration...more

DOJ Unseals Indictment Against Online Sports Wagering Operators and Affiliates

by Dan W. Goldfine, Harsh Parikh, Heidi McNeil Staudenmaier | Snell & Wilmer L.L.P. on 4/12/2013

On April 10, 2013, the United States Department of Justice (DOJ) unsealed an indictment against 34 individuals and 23 companies for their involvement with online sports wagers. According to the indictment, Legendz Sports,...more

The First Amendment and Off-Label Promotion: United States v. Caronia

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/11/2013

For years, the U.S. Department of Justice has aggressively pursued and brought charges over “off-label promotions”—the promotion of drugs for uses that have not received FDA approval—by pharmaceutical manufacturers and their...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

A Cautionary Tale: EU Probing Google for Possible Privacy Violations

by Jeff Ifrah on 4/8/2013

The increasing difficulties faced by internet providers and data gatherers in the international realm have yet again come to the fore. Privacy regulators in France, Germany, Spain, the Netherlands, the United Kingdom and...more

California Considers Revisions To Its Money Transmission Act

by BuckleySandler LLP on 4/4/2013

On March 11, the California State Assembly Standing Committee on Banking and Finance held a hearing entitled “Emerging Technology and the California Money Transmission Act.” The hearing’s purpose was to discuss the MTA’s...more

No Sales Tax on Apps Sold in Virginia

by Amol Jain | Berkeley Research Group, LLC on 3/26/2013

In a recent series of public letter rulings, the Virginia Department of Taxation ruled that the sale of applications on mobile devices (commonly referred to as apps) are not subject to Virginia sales and use tax. The...more

Seed Financing Survey 2012 Internet/Digital Media and Software Industries

by Barry J. Kramer, Steven Levine | Fenwick & West LLP on 3/26/2013

In early 2011 we published our first Seed Financing Survey (for 2010) in recognition of the growing importance of seed financing to entrepreneurs and the venture capital environment, especially in the internet/digital media...more

Court Upholds Executive’s Conviction Stemming from Off-Label Drug Promotion

by Christopher R. Hall, Gregory G. Schwab | Saul Ewing LLP on 3/25/2013

The U.S. Court of Appeals for the Ninth Circuit has upheld the wire fraud and misbranding convictions and sentence of InterMune Inc. founder W. Scott Harkonen. United States v. Harkonen, No. 11-10209 (9th Cir. March 4, 2013)....more

TechComm – FTC/UDAAP Client Alert: FTC Staff Issues Guidance on Effective Online Disclosures

by Paul Besozzi, Monica S. Desai, MIchael Drobac, Deborah Lodge, Carey Nuttall, Carol Van Cleef, Maria Wolvin | Patton Boggs LLP on 3/22/2013

Companies engaged in online advertising and social media promotions should carefully review “Dot-Com Disclosures – How to Make Effective Disclosures in Digital Advertising,” released by the FTC staff on March 12, 2013. This...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

by Jacob Michael Kaufman | Morrison Foerster - Social Media on 3/18/2013

As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle...more

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

by Gordon Milner, Cynthia J. Rich | Morrison & Foerster LLP on 3/13/2013

INTRODUCTION - The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal...more

Breach of Privacy in the Cloud (U.S.)

by Field Law on 3/12/2013

In 2012, LinkedIn made headlines as a result of a significant data breach. The passwords and email addresses of over 6 million LinkedIn users were hacked and posted online. Encryption and security was improved by LinkedIn in...more

Trademark Management and the New Generic Top Level Domains

by Thomas Dover | Nossaman LLP on 3/12/2013

Everyone navigates the Internet. It is the new Grand Commons of society – the place for communication, commerce and information. Web sites populate and inform the internet. Every web site has a domain name such as...more

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Science, Computers & Technology › Commercial Law & Contracts › Communications & Media Law