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News & Analysis as of

Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits...more

Your daily dose of financial news - The Brief – 9.26.16

The Deal Professor weighs in on Yahoo’s announcement last week of the hack of roughly 500 million of its customers’ data and the specter of the MAC (material adverse change) that Verizon may choose to invoke to dance away...more

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and...more

(US) Driverless Cars Mean Endless Possibilities for Real Estate

Companies like Uber, Tesla, and Google are racing to bring driverless cars to the public. Uber is utilizing its experience as a service provider and its knowledge of demand patterns and customer behavior to compete with...more

“Face It”- Snapchat, Facebook, and Google Dealing with Suits Over Facial Recognition Technology

Snapchat, the popular “disappearing image” messaging social media corporation, was free to enjoy this past Labor Day weekend due to a voluntary dismissal of a biometric privacy class action. On August 30, 2016, the class...more

Protective Order for Source Code

A developer’s source code is considered the secret recipe of the software world – the digital equivalent of the famed Coca-Cola recipe. In Google Inc. v. Mutual, 2016 BCSC 1169 (CanLII), a software developer sought a...more

Social Links: Snapchat ad revenue grows; the UK’s revenge porn problem; laws that enable control of digital assets after death

Snapchat is on track to rake in an enormous amount of ad revenue by 2017. Also, there’s mounting evidence that the company is working toward developing a Google Glass-like product. We have written previously...more

“In-Season Relevancy” Is in Season this September

The fashion industry is at a crossroads. Designers must decide whether to continue the age-old tradition of previewing their collections during Fashion Week four to six months before they are available in stores (with fall...more

Which U.S. Businesses Must Comply with EU Data Protection Laws?

What the recent Amazon decision tells us - On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more

Common Sense Is Not So Common-ly Obvious

Almost a decade has elapsed since the Supreme Court’s decision in KSR Int’l Co. v. Teleflex, Inc. altered the law of patent obviousness. In reversing the judgment of the Federal Circuit, the Court in KSR limited the...more

Causality and Diluting Trademarks Through Online Searches: What the FTC Missed in 1800Contacts

The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines...more

Your daily dose of financial news - The Brief – 8.31.16

Continual rejections worked for Hershey in fending off Mondelez’s takeover bid. The Deal Professor thinks that Tronc faces considerable risks in following the same strategy with Gannett’s repeated overtures....more

Social Links: Google penalizes sites with pop-up ads; proposed Federal legislation to criminalize revenge porn; ad industry group...

Google is cracking down on mobile pop-up ads by knocking down the search-result position of websites that use them. The National Labor Relations Board decided a social media policy that Chipotle had in place for its...more

Federal Circuit Court of Appeals Limits Common Sense in Obviousness Determinations in Patent Claims

On August 10, 2016, the Federal Circuit Court of Appeals tightened the usage of common sense and in doing so clarified the criteria for applying it in an obviousness determination. Arendi S.A.R.L., Appellant v. Apple Inc.,...more

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

When Can Common Sense be Relied Upon to Find an Invention Obvious?

All patent practitioners recognize that a single prior art reference can be used to reject claims in an obviousness rejection. However, the issue is whether the Patent Office must provide additional evidence, above and beyond...more

Did You Search Your Jurors’ Social Media? There Are Rules

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...more

Selfies: Changing the “Face” of Retail

Selfies are everywhere. From selfie sticks to photo editing applications, people are looking for new and better ways to take photos of themselves. At the same time, retailers are creatively taking advantage of our selfie...more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Your daily dose of financial news - The Brief – 8.15.16

More details have emerged from the February cyberheist that resulted in the theft of more than $81 million from Bangladesh’s account at the NY Fed, including a pretty significant lack of critical concern from the bank itself....more

PTAB Reversed–Common Sense Improperly Used to Supply Missing Limitation in Obviousness Inquiry

In a rare rebuke of the PTAB’s discretion, the Federal Circuit has outright reversed a finding of obviousness based on the Board’s misapplication of the law on the permissible use of “common sense” in an obviousness analysis....more

Technology Companies Continue Their Automotive Invasion

As we have written about before, the difference between technology companies and automotive companies is getting smaller and smaller. That trend continues to progress. Samsung Electronics Ltd. is closer to becoming an...more

What Lawyers Can Learn from Google About Collaboration

Problem: These days productive lawyering, successful onboarding of lateral hires, and effective Legal Project Management (LPM) place a huge premium on effective collaboration, and a recent Harvard Business Review study found...more

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it...more

Your daily dose of financial news - The Brief – 7.29.16

A federal judge in Idaho has dismissed a $24 billion lawsuit against Credit Suisse alleging that the bank and real estate adviser Cushman & Wakefield ran a “predatory loan-to-own scheme that . . . loaded four luxury ski and...more

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