News & Analysis as of

Google Books and Fair Use: From Implausible to Inevitable?

A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers. Over ten years ago, when...more

OSHA Rule Requiring Employers To Post Injury, Illness Info Online May Be Coming Soon

A draft final rule on electronic tracking of employers’ injury and illness records has been sent to the White House’s Office of Information and Regulatory Affairs by the Occupational Safety and Health Administration. This is...more

No False Claims Act Case Where There is No False Claim – DNJ Throws Out Qui Tam Action Against Genentech

Halloween has come and gone. The Drug and Device Law Little Dogs stayed in their costumes (Batgirl and a rabbi) long enough to be photographed for (unsuccessful) entries for a pet costume contest. There was ample candy –...more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

Access to Continued Litigation Denied: Method for Intrusion Detection Found Invalid Under Section 101

Order Granting Motion for Judgment on the Pleadings, Protegrity USA, Inc., et al. v. Netskope Inc., Case No. 15-cv-02515-YGR (Judge Yvonne Gonzalez Rogers) - The NorCal IP Blog has extensively covered the increasing...more

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

SEC Chair Calls for Reexamination of Treasury Market Regulations in Light of High Speed Electronic Trading

On October 20, 2015, SEC Chair Mary Jo White gave the keynote address at the “Evolving Structure of the U.S. Treasury Market” conference organized by the U.S. Department of Treasury and the Federal Reserve Bank of New York....more

Interview: Amy Much - Director, Global Compliance, Under Armour

Protect This House - Amy Much discusses building a compliance program from the ground up at a fast moving, international organization....more

EPA’s New Refinery Rule—Next Generation Compliance in Action

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from...more

Second Circuit Holds Google Library Project Is Fair Use

Since 2004, Google has scanned, converted to searchable text, and indexed over 20 million books for the Google Library Project.  In Authors Guild, Inc. v. Google, Inc., the Second Circuit held that such use is a fair use of...more

NLRB Regional Director Finds that Employer Failed to Substantially Comply with New Requirement to Provide “Available” Personal...

After the NLRB’s expedited election rules went into effect last April, the extent to which an employer faced with a union representation petition must search for and provide voters’ personal email addresses and cell phone...more

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more

FDA Releases First Wholesaler and 3PL Facility Licensure Data to the Public

Last week FDA took another important step in implementing the complex and interlocking provisions of the Drug Supply Chain Security Act (DSCSA). We have previously discussed the new Federal drug traceability requirements and...more

Re-use of Public Sector Information Regulations 2015 finally in force

On 18 July 2015, the Re-use of Public Sector Information Regulations 2015 (SI 2015/1415) (‘the New Regulations’) came into force, replacing the 2005 Regulations of the same name (SI 2005/1515)....more

OIG Report Finds CMS’s MIDAS System Needs Improvement in Information Security Controls

On September 14, 2015, the OIG released a Public Summary Report finding that although CMS had implemented controls to secure the Multidimensional Insurance Data Analytics System (MIDAS) and consumer personally identifiable...more

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

California Federal Courts Reiterate: Unless Computer Hacked, Computer Fraud and Abuse Act Permits Misuse Of Electronic Information

In United States v. Nosal, 676 F.3d 854 (9th Cir. 2012) (en banc), the court held that the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, prohibits unlawful access to a computer but not unauthorized use of computerized...more

Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D. New York, August 25, 2015

Fox News Network brought a copyright infringement suit against TVEyes Inc., a company that records virtually all radio and television broadcasts and transforms their content into a searchable database for its subscribers...more

Copyright Fair Use: 1 Win, 1 Maybe and Two Losses for TVEyes

On August 25, 2015, the Southern District of New York held that the archiving function of a media monitoring service was protected by fair use and that the e-mailing feature could qualify for fair use if certain protective...more

A Preview of the CFAA Arguments in United States v. Nosal, Part II: Could “Phishing” be a Factor?

Oral arguments for the next round in United States v. Nosal have been set for October 20, 2015 at the Ninth Circuit in San Francisco. So we figured it may be a good time to review both sides’ arguments related to the...more

OIG adds four new projects to work plan

Since our last blog post about the OIG’s work plan, the work plan has been updated as of August 7, 2015 to add four new projects. A newly added ongoing project is a “Security Control Review of the CFPB’s SQL Environment.” (An...more

Something Else to Complain About: CFPB to Share Monthly "Snapshot" of Consumer Complaints

Why it matters - Already unhappy with the Consumer Financial Protection Bureau's (CFPB) creation of a public database of complaints featuring consumer narratives, financial institutions now have even more to worry about:...more

Getting a Handle on In-House E-Discovery Data Management

Many legal professionals are starting to embrace the notion that e-discovery is a business process, which can be measured, managed and optimized. The greatest progress is being seen with “left-side” e-discovery activities,...more

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