News & Analysis as of

How to Get Drones Off Of The Ground: Be An Active Player

Business leaders are turning to drones to solve complex operational challenges. On CBS news program “60 Minutes,” Amazon CEO Jeff Bezos very publicly declared his intentions to use unmanned aerial systems (UASs) to make...more

Employment Law Navigator – Week in Review: November 10, 2015

Last week, a jury awarded sports journalist, T.J. Simers a $7.1 million verdict in his age and disability discrimination suit against the Los Angeles Times. Mr. Simers alleged that he was subjected to discrimination...more

Advertising Law - November 2015

Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more

9th Circuit Cannot Make Up Its Mind

In a drama that certainly has not seen its curtain drop, the 9th Circuit has changed its mind twice on the same issue in the same case during a 19 month span. This story began in 2011 when Multi Time Machine, Inc. (“MTM”), a...more

Employment Law Navigator – Week in Review: November 3, 2015

On Sunday, Forbes published two articles on workplace trends and the future of work. In both, the contributors predicted that new technologies in the workplace, like wearables, will have significant impact. It was also...more

Amazon Demonstrates New Age of Online Debate and Response

It denoted print media’s ability – by virtue of its unique means to reach thousands if not millions of readers – to win public relations battles. But we now live in an era in which anyone with an Internet connection can...more

Amazon Seeks Motion in Limine Requiring Plaintiff to Remove Statements on Website Prior to Trial

As the case between Milo & Gabby, LLC and Amazon moved closer to trial, Amazon filed several motions in limine, including a motion to force the plaintiffs to remove statements from its websites, which Amazon contended were...more

Click it to Stick it: Guide to Creating Binding Online Agreements

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more

The EC Challenge on Tax Rulings. Why it’s Important that Your Business Acts Now in Relation to EU Challenges to Tax Rulings

21 October 2015: Following state aid investigations, the European Commission has ordered Luxembourg and the Netherlands to recover unpaid taxes of €20-30m from each of Fiat and Starbucks. The Commission has confirmed that...more

Amazon Wins Ruling on Results for Searches on Brands It Doesn’t Sell

On October 21, 2015, the Ninth Circuit ruled that online retailer Amazon does not violate the Lanham Act when, in response to a search for a brand it doesn’t sell, it returns a results page that fails to disclose that fact...more

Re-thinking What We Think We Know About Bitcoin (Part I)

It’s no surprise that, as the way we exchange information continues to evolve at an ever-increasing pace, the way we exchange value is rapidly evolving too. This two-part series explores the Bitcoin evolution occurring in...more

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer...more

Amazon’s motion for summary judgment denied in FCRA class action suit

U.S. District Judge Gary Feinerman denied Amazon, Inc.’s (Amazon) motion for summary judgment on October 7, 2015, in Illinois federal court, in a class action case over alleged violations of the Fair Credit Reporting Act...more

Safe Harbor No More: The Everchanging Landscape of Data on the Digital Frontier

Justice in unincorporated territory is often made up of unwritten codes and gentlemen’s agreements focused on individual freedoms and laissez faire trade. But once the space is populated and providing cash flow, and the need...more

Amazon makes a splash and joins the “gig” economy

Under the name “Amazon Flex“, Amazon has joined Uber and Lyft in the “gig” economy. According to the Amazon website, workers can choose any available 2, 4, and 8 hour blocks of time to work the same day, or set availability...more

Michigan’s New Expansive Sales Tax Standards Including “Click Through” Nexus Standards Take Effect October 1, 2015

On October 1, 2015, Michigan's new expansive sales tax nexus standards including "click through" nexus standards take effect. The "click through" nexus standard closely parallels other so-called "Amazon nexus" laws adopted by...more

U.S., China Announce Cybersecurity Agreement During Xi Jiping’s Visit

Chinese President Xi Jinping made his first state visit to the United States last week, and his itinerary included meetings with U.S. technology company leaders as well as President Barack Obama. Not surprisingly, his hosts...more

New Japanese ECommerce Consumption Tax Commences Effect on October 1, 2015

On October 1, 2015, Japan commences application of its business-to-consumer (“B2C”) ecommerce consumption tax (“JCT”), analogous to the EU electronic services VAT which commenced January 1 of this year. The JCT will require...more

Manatt Digital Media - September 2015

In this month's newsletter we highlight some of the latest activities in the digital video space. Social media, mobile and over-the-top (OTT) viewing continue to make waves in the media landscape, creating new opportunities...more

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...more

Trusting Human Resources: A Fantasy or a Necessity?

A few weeks back, one to the best bloggers you may not be reading — Robin Shea — posted about the scathing press that Amazon had been receiving about its workplace and posed this question: Can Employees Trust Human Resources?...more

Tax Policy Update

As in the 9 percent "amusement tax" that the city of Chicago recently extended to online streaming services like Netflix and Amazon Prime, triggering a series of lawsuits alleging that the newly expanded tax was illegally...more

Do’s Search Results Constitute Trademark Infringement? - Multi Time Machine, Inc. v., Inc.

Holding that a reasonable jury could find that online retailer created a likelihood of consumer confusion through the format of its product search returns, the U.S. Court of Appeals for the Ninth Circuit reversed the district...more

The Second Circuit’s Apple Ebooks Opinion

The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks...more

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