News & Analysis as of

Delaware Enacts Comprehensive Online Privacy Protection Law

On January 1, 2016, the Delaware Online Privacy and Protection Act (“DOPPA”) will go into force, a law that provides strong online privacy protection for its residents. The new law targets three areas of compliance: (1)...more

Promoting Antitrust Compliance – The Antitrust Division’s Subtle Shift Regarding Corporate Compliance: A Step Toward Incentivizing...

INTRODUCTION: A surprising feature of many corporate compliance programs is their limited emphasis on antitrust. Compliance efforts are a key feature of modern corporate governance initiatives, and it stands to reason...more

Second Circuit Holds That Google Book-Scanning Project Is Fair Use

Last Friday, the Second Circuit ruled that Google’s project to digitize and index millions of copyrighted books without permission from the copyright owners is a non-infringing fair use. Through its book-scanning projects,...more

Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Apple Signals It Will Seek Supreme Court Reversal on E-Book Decision

Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...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

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case

We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to...more

Second Circuit Affirms District Court Ruling Against Apple in E-Books Price-Fixing Suit, Creating Potential Circuit Split

On June 30, 2015, in a 2-to-1 ruling, the Second Circuit affirmed the district court's judgment in United States v. Apple, Inc. that Apple and five of the largest book publishers in the U.S. entered into a per se illegal...more

European Competition Law Newsletter – July 2015

On 24 June 2015, the UK Competition and Markets Authority (CMA) was defeated in its first attempt at convincing a jury to convict individuals for the UK criminal “cartel offence”. The jury was not persuaded that the two...more

EU Competition Commissioner Unveils Investigation into Amazon, Continuing Probe into the Tech Giants

On Thursday, the European Commissioner for Competition announced a formal investigation into whether Amazon, the largest distributor of e-books in Europe, has abused its dominance in the market for e-books. The investigation...more

Amendments to Japan METI Guidelines on Electronic Commerce and Information Property Trading

The Ministry of Economy, Trade and Industry of Japan (METI) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (Guidelines), which apply to all online business operations in...more

Second Circuit Hears Oral Argument in Apple E-Book Appeal

On Monday, the United States Court of Appeals for the Second Circuit heard oral argument in Apple’s appeal in the e-book price-fixing lawsuit brought by the Department of Justice. This appeal follows an adverse decision from...more

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014: District court grants publisher’s motion for permanent injunction to enjoin defendant from publishing e-book...more

Court Rules Against Georgia State University in E-Reserves Case

The United States Court of Appeals for the Eleventh Circuit issued a long-awaited decision in the Georgia State e-reserves copyright case on October 17, 2014. The Court of Appeals reversed and remanded to the District Court...more

No Harm, No Foul in Apple E-Book Notice Screw Up

In mid-September, class notices went out in the ongoing Apple E-books class action lawsuit that might have momentarily had Apple’s attorneys a little concerned. Over three million potential members of the class received...more

VAT Alert: K Oy (C-219/13)

Under EU VAT law, EU Member States may, at their discretion, apply a reduced rate of VAT to books produced on "…all physical means of support". The term "all physical means of support" has generally been interpreted to...more

Antitrust-Related Recent Developments: Comments Requested on Price Fixing Penalty Revisions, FTC Settles Section 5 Claim Against...

Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more

The customer’s always right – how new UK consumer regulations will affect online digital content providers

On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations) will come into force and affect any UK businesses selling to consumers. The Regulations,...more

Dispatches from the E-Book Wars

Apple’s e-book fortunes in the Southern District of New York darkened and then brightened this past week as Judge Denise Cote denied Apple’s request to stay its upcoming damages trial and plaintiffs’ class notification. Later...more

The Apple Monitorship: Airing Dirty Laundry

I am married to a lovely Sicilian-born woman. One thing her family has taught me – the value of family loyalty and love. That same principle does not apply when it comes to the relationship between the Apple Monitor...more

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