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Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

What’s Next for the FDA’s Draft Social Media Guidances?

As many of our life sciences clients know, 2014 brought long-awaited draft guidance documents from the FDA regarding three social media-related topics of interest. The FDA provided its much-anticipated views on...more

The Year in Tech Law 2014

In This Issue: - Veterans Day: One WWII Vet Lives Long and Goes Tech - The Skies Are Still Friendly, Despite Virgin Galactic Crash - Cyberwarfare Is Here; Is the U.S. Prepared? - High-Tech...more

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement. Prior to this change, Apple would assist law enforcement in unlocking Apple devices when...more

Status Updates - November 2014 #9

..A saving grace for search results. In the first case since 2007 to address the issue, a California state court judge recently held that Google’s search results are in fact protected by U.S. free speech laws, and that Google...more

"Title II or Bust: The FCC Wrestles With Net Neutrality"

Over the past few weeks, a number of significant developments have impacted the Federal Communication Commission’s (FCC) ongoing proceeding regarding network neutrality. On November 10, President Barack Obama surprised many...more

The Right to be Forgotten

The inherent tension between privacy and liberty was in acute focus in the European Union Court of Justice’s ruling earlier this year on the “right to be forgotten”. In that case, Spanish national Mario Costeja Gonzalez...more

iSpy: Tracking Employees with GPS Technology on Mobile Devices

More than 90 percent of the 322 million cellular phones in use in the United States contain global positioning system (GPS) tracking devices that allow wireless carriers to obtain continuous, highly accurate information...more

Litigation Alert: California Superior Court Finds Use of Likeness of Former Panamanian Dictator Manuel Noriega in Video Game...

Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) - In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...more

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

A Moment of Simple Justice - Snitching Ain't Easy [Video]

Nov. 3, 2014 (Mimesis Law) -- The DEA gets into the business of making fake Facebook profiles of informants and Scott sorts through the damage....more

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Status Updates - October 2014 #12

..Unfree speech? In the United States, the First Amendment would likely prevent the prosecution of someone who posted racist or anti-Semitic messages on a social media platform. But social media platforms operate worldwide,...more

Section 230 Does Not Apply to Allegations that Website for Models Failed to Warn Plaintiff About Potential for Rape

The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more

Right to be forgotten and the Google Advisory Council in Rome: main takeaways

As you all remember, last May the European Court of Justice ruled that Google must allow the de-indexing of web pages containing personal data, further to a lawful enforcement by the relevant data subjects of their right to...more

Is Off-Label Drug Promotion Protected Free Speech?

It is a very common practice. Drug sales reps visit a client, usually a hospital, a clinic or a doctor, with the sole purpose of selling a drug or medical device. That is the primary way a doctor learns about a drug or...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Status Updates - July 2014 #2

..The New York Court of Appeals has struck down that state’s “cyberbullying” law in a 5-2 decision, finding that it is overly broad and chills First Amendment-protected speech. The case arose when a 15-year-old boy pleaded...more

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the...more

FDA Issues Distribution of Risk Information Draft Guidance Amid Asserted Push to Release Guidance on Manufacturer Communications

The U.S. Food and Drug Administration (FDA or the Agency) issued the June 6, 2014, draft guidance (Draft Guidance) in response to stakeholder inquiries into the Agency’s views on disseminating new scientific or medical...more

Virginia Supreme Court Agrees to Hear Appeal in Yelp Users Defamation Case

Yelp.com (Yelp) labels itself an "online urban guide." Specifically, the website allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews. The...more

FDA Issues Draft Guidance Relating to Distribution of New Risk Information for Approved Drugs and Biologics and Grants Two Citizen...

On June 6, 2014, the Food and Drug Administration (“FDA”) issued two documents that reflect the agency’s ongoing effort to clarify its regulatory approach regarding manufacturer communication of scientific and medical...more

Views on ECJ Right to Be Forgotten Ruling

In a May 13 landmark ruling, the European Court of Justice held that data subjects in the European Union have the right to compel Google Inc. and other Internet search engines to remove search results linking to websites...more

Communications Decency Act Forecloses Liability For “Amplifying,” “Endorsing” and “Adopting” Defamatory Statements With Hyperlink

Two weeks ago, in Vazquez v. Buhl, the Appeals Court of Connecticut affirmed dismissal of a defamation claim against CNBC for hyperlinking to an online report by journalist Teri Buhl. The Court held that, although CNBC...more

European Court of Justice Holds Google Responsible for the Processing of Personal Data from Third-Party Websites

On May 13, 2014, the European Court of Justice (ECJ) delivered a judgment in Google vs. AEPD (C-131/12, hereinafter “Google Decision”) based on the EU Data Protection Directive (Directive 95/46/EC, the “Directive”). In the...more

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