Digital Assets

News & Analysis as of

Video Clip: Family Wants Access to Son’s Digital Data After Death

Minnesota’s KMSP-TV Fox 9 News ran a video story on September 9, 2014, by Ted Haller about a family wanting access to their deceased nineteen-year-old son’s digital data. They have been seeking access to his text messages,...more

Delaware Enacts Law Governing Access To Digital Records After Death

On August 12, Delaware Governor Jack A. Markell signed the Digital Access and Digital Accounts Act, the first law in the nation to comprehensively govern access to a person’s digital assets, including social media and email...more

Delaware Enacts Fiduciary Access to Digital Assets Act

On August 12, 2014, Delaware’s governor signed into law the Delaware Fiduciary Access to Digital Assets Act, which is based on an earlier draft of the recently-approved Uniform Fiduciary Access to Digital Asset Act....more

Status Updates - August 2014 #10

..Death in the digital age. When someone dies, his or her heirs or executor will have broad rights to access the deceased person’s letters, documents and other physical assets. Delaware has just become the first state to...more

Judge Hellerstein says Intellectual Ventures’ valuation documents have no relevance in this case

Judge Hellerstein decided three discovery disputes in Intellectual Ventures II LLC v. JP Morgan Chase & Co, et al., where United States Patents Nos. 5,745,574 (“Security infrastructure for electronic transactions”), 6,826,694...more

ITC Issues Its First Stay of a CDO - In the matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making...

For the first time the U.S. International Trade Commission (U.S. ITC) issued a stay of a cease and desist order (CDO) issued at the conclusion of an investigation under § 337 of the Tariff Act. In the matter of Certain...more

New York State Corporate Tax Law Reform: The Impact on Companies Providing Digital Products

On March 31, 2014, Governor Cuomo signed into law legislation that provides for an extensive reform of the state's corporate tax regime (the "Act"), most notably for out-of-state corporations providing digital products to New...more

UK anti-piracy campaign set for launch

In an effort to combat digital piracy, the film and music industries have reached an agreement with the UK’s leading ISPs to launch the ‘Voluntary Copyright Alert Programme’ next year. The programme will send up to four...more

New York Proposes First State Bitcoin Regulations

One might have thought the biggest news in the digital currency world lately was Dell announcing that it was now accepting bitcoin. However, after a series of highly-publicized hearings in January, New York State rolled out...more

Bitcoin In The News: International Reports, California Makes It Legal

Virtual and digital currencies continue to be the focus of policy makers around the globe. In addition to new reports from international bodies addressing both the benefits and risks of the currencies, California...more

New York DFS Proposes First Comprehensive Regulatory Framework for Virtual Currency Businesses

On July 17, the New York State Department of Financial Services (DFS) released the draft “BitLicense,” a proposed regulatory framework to license Virtual Currency Business Activity. The proposed regulations follow DFS...more

Status Updates - July 2014 #9

..According to a current study by Bank of America, Americans are very closely attached to their smartphones. Of those surveyed, 85 percent said they check their phone at least a few times a day and 35 percent say they check...more

Uniform Fiduciary Access to Digital Assets Act (UFADAA)

On July 16, 2014, the Uniform Fiduciary Access to Digital Assets Act (UFADAA) was passed by the Uniform Law Commission. My colleague Gene Hennig and I originally proposed this uniform law in May of 2011, and I’m very happy...more

Digital Insights & Trends: The Future of Regulation in the Digital Economy

As legal advisors to providers in the digital world, we are always thinking about regulation – whether it is coming, when it is coming, and what it will mean for our clients. After all, it is our mission to keep you on the...more

Intangible Services, Rights And Digital Content: Global VAT Guide

Welcome to DLA Piper’s Global VAT Guide: Cross Border Supplies of Intangible Services, Rights and Digital Content. As business grows more global, the challenge for in-house counsel and in-house VAT specialists is...more

Estate Planning for Digital Assets

Traditionally, estate planning provides for the transfer of your assets through a will or a trust. These documents name an executor or trustee, respectively, to handle your affairs after your death, including the transfer of...more

Social Media and Digital Assets in M&A Transactions

Wait! Don’t skip these articles thinking that social media doesn’t affect you. Social media has invaded our lives, with only a Rip Van Winkle being immune (maybe). Some may scoff and others may cringe. The well initiated may...more

Corporate and Financial Weekly Digest - Volume IX, Issue 24

In this issue: - Commissioner Kara M. Stein Calls for More Stringent Net Capital Requirements for Broker Dealers - US Marshals Service Announces Auction of Silk Road Bitcoins - Investment Adviser Accused...more

DOJ Revisits Music Royalty Consent Decrees

From cassette tapes to CDs to Pandora and Spotify, innovations in the music field over the past two decades have drastically changed how people access music. Songwriters, however, are paid according to a system that has been...more

"Insights" Newsletter - Spring 2014

In this issue: - Supply Chain Finance as the "New Normal" - Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans - Arbitration Guidelines - Navigating Foreclosure...more

The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more

Estate Planning for Digital Assets

It is often said that the law lags behind technology. One area where this sentiment is particularly applicable is estate planning for digital assets. In a world where our lives are becoming ever more digital, many estate...more

Tax Law Blog: Do My Estate Planning Documents Need to Have Special Language to Deal with My Digital Assets?

This is the final post in a four-part series about Digital Assets and estate planning. One would think that an executor, trustee, or agent under a Power of Attorney would have authority to obtain information about your...more

How to Maintain Records for your Digital Assets

This post is the third in a four-part series about Digital Assets and estate planning. Read part 1, “What are Digital Assets?” and part 2, “Do your Digital Assets have Value?”. As previously discussed, Digital Assets, such as...more

Do your Digital Assets have Value? Are they Important?

Many people think that there is little financial value in our digital assets, and that is true in some instances. For example, photographs, blogs, videos, Facebook posts, tweets, and account records do not, by themselves,...more

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