Pillsbury Winthrop Shaw Pittman LLP

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Intellectual Property

The Changing Compensation Landscape for Government Contractors: New Executive Order Mandates Paid Sick Leave for Employees of Government Contractors, and Department of Labor Issues Final Rule on Contractor Pay Transparency.

Two recent developments have added to the list of the Obama Administration’s compensation-related initiatives. On Labor Day, September 7, 2015, President Obama issued an Executive Order that will require federal contractors and…more
| Government Contracting, Labor & Employment Law

The FDA Takes the Kardashian Endorsement Machine to Task

When Kim Kardashian speaks, the FDA listens. Or, more precisely, when Kardashian, who has 46.8 million followers on Instagram, posts an enthusiastic endorsement—and advertisement—on the social media platform for Diclegis, a…more
| Administrative Law, Communications & Media Law, Health

PTAB Refuses to Honor “No-Challenge” Clauses

Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never…more
| Civil Procedure, Intellectual Property

A Good Rule of Thumbnail? Pay the Licensing Fee.

You hire a web designer to create a website for your business. In the background, the designer uses stock photography to beautify the page. Stock photography comprises copyrighted images—often presented in searchable online…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

DOJ’s New White-Collar Policy Directs Prosecutors to Focus on Individual Accountability

On September 9, 2015, Deputy Attorney General Sally Quillian Yates introduced a new policy aimed at aggressively prosecuting individuals for white-collar crimes. A product of a DOJ working group that started under former…more
| Commercial Law & Contracts

Meet George Jetson, His Boy Elroy ? — Commercializing ITO Automation

These days it seems every supplier’s infrastructure pitch book is full of the virtues and potential benefits of their drive toward automation, the objective being to get the same work done for less. What’s not clear is whether…more
| Commercial Law & Contracts

Apple Adds Force Touch to the iPhone: A Peek at Pop(ular) Patented Gestures

At the recent Apple iPhone unveiling event, we learned that you can Peek at it with a light press on your iPhone screen and Pop into it by pressing a little deeper. And just like that, Apple unleashed a new namespace of gestures…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Take a Bite Out of Taxation: The Core Issues of the CIDER Act

Interest in, and consumption of, hard cider is on an upswing in the United States. The hard cider market grew by 71 percent in 2014 with total cider sales jumping from just $78 million in 2011 to $470 million for the 52 weeks…more
| Commercial Law & Contracts, Taxation

Traditional Discovery Rules Still Apply in Disputes Involving Social Media

A party’s right to privacy has always been an important and sometimes limiting factor in the resolution of discovery disputes. Social media platforms, which allow users to select the extent with whom they share their network,…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

The Evolving Role of the Hashtag in Trademark Law

Oh, the once humble hashtag (or pound sign, number sign, octothorpe, etc.). For so long a symbol both ubiquitous and free from controversy, its new life as a go-to signifier of discussions and trending topics on Twitter has made…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 2

This blog is the second part of a two-part series on key contracting issues with technology service providers, and the focus is specifically geared toward companies doing business in the real estate industry. As noted in Part 1,…more
| Real Estate - Residential, Science, Computers, & Technology

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 1

Technology continues to infuse our homes, businesses, and places of employment. For example, the “Internet of Things” – as it is sometimes called – brings a lot of promise to a wide variety of industries and sectors, including…more
| Communications & Media Law, Real Estate - Residential, Science, Computers, & Technology

FinCEN Proposes to Regulate Investment Advisers under the Bank Secrecy Act

The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking on August 25, 2015 which, among other things, would add SEC-registered investment advisers to the “financial…more
| Finance & Banking, Securities Law
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