News & Analysis as of

A New Lenz: Google Weighs In on Fair Use

The Digital Millennium Copyright Act creates a liability “safe harbor” for online service providers that post content that may be protected by copyright. It facilitates the takedown of an infringing work by providing a...more

Revival of Cookie Litigation Highlights Risks Associated with Mobile Tracking Technologies

On November 10, 2015, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet...more

YouTube to Take a Stand for Fair Use

As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital...more

JDB 079: Can Lawyers Really Get Clients through Social Media?

For many lawyers the whole concept of social media is just a big waste to time. And it can be. Whether it is Facebook, Twitter, LinkedIn, or Google+ social media is a guilty pleasure for most, but can it actually be a...more

Technological Change and Economic Growth

Google, Facebook, Twitter, WhatsApp, Zynga, Airbnb, Uber etc etc. These are all companies that have come from nowhere and are now market leaders in an increasingly mobile and digital world. They have built their brands and...more

Cookies, Promises, and California: Why the 3rd Circuit Revived Privacy Claims Against Google

Last week, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet Explorer and...more

Standing Issues Could Still Derail Google Cookie Placement Litigation

In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more

What App Users Care About When Sharing Personal Data: Permissions

The latest Pew Research Center Report relayed useful information regarding application users’ concerns with sharing personal data. Ninety percent of app users indicated that how their personal data will be used is “very” or...more

Autonomous Vehicles (Part 2) - The Capabilities and Liabilities of Self-Driving Cars

On November 6, 2015, Toyota announced that it plans to invest $1 billion in a Silicon Valley research center for artificial intelligence. On November 10, Volkswagen said it had hired away from Apple its lead expert on...more

Google seeks dismissal or stay of email scanning litigation

Google has recently asked a California federal court to dismiss a proposed class action alleging that the company’s practice of scanning Gmail users e-mail for marketing data violates federal and state privacy laws, primarily...more

Google’s Effort to Digitize Millions of Books is Fair Use

In a recent decision handed down by the United States Court of Appeals for the Second Circuit, the court found that Google’s scanning of copyrighted books as part of its Library Project amounted to “fair use” and did not...more

Unflattering Photo—A Blogger’s Paradise? - Raanan Katz v. Irina Chevaldina

The U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant based on an assertion of fair use of an unflattering, candid headshot photograph of plaintiff....more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Congress Takes Long Look at Proposed Health Insurance Mergers

While the Department of Justice Antitrust Division is responsible for reviewing the proposed Anthem/Cigna and Aetna/Humana mergers for any potential competitive concerns, Congress jumped into the process with both feet in...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

Road Work Ahead: Automobiles and Augmented Reality

With still about a week left to go, Hudway’s Kickstarter campaign, which began last Wednesday for its augmented reality vehicle accessory, already has over 6,500 backers pledging more than $450,000—several times its initial...more

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

EU Round-UP: Safe Harbor 2.0 and Upcoming National Challenges

EU Commissioner Vera Jourova recently announced in a speech to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) that the Commission and the US have made substantial progress in finalizing a...more

Good-Bye to Maureen O’Hara and How to Drive Compliance into the DNA of Your Company

Maureen O’Hara died this week. To anyone who has ever watched The Quiet Man on St. Patrick’s Day, she will always be known as Mary Kate Danaher, who was pursued and eventually wed by John Wayne. Testament to the fiery...more

The Final Chapter: Resolution of the Google Books Litigation

On Oct. 16, 2015, the 2nd Circuit issued an opinion that has finally closed the chapter on the Google Books saga. In Authors Guild, Inc. v. Google, Inc., the court held that the Google Books project is fair use rather than a...more

Google Mandates Full Disk Encryption

With the release of Android 6.0, code name Marshmallow, Google has mandated that OEMs (Original Equipment Manufacturers) enable full disk encryption. Google is requiring that the feature be enabled as part of the ‘out of box...more

JDB 072: Lawyer Marketing Score – Interview with CEO Dan Weeks

Whether you are doing your own content marketing or paying an SEO company to get you to the top of Google’s search engine rankings you have undoubtedly had the thought – “is any of this really working?”....more

The Evolving World of Privacy and Data Security Covered at Nossaman-UCI Cyber Symposium

On October 12, Nossaman and UC Irvine hosted their first annual cyber symposium at the Los Angeles City Club. The event brought experts together to discuss a variety of critical issues in the worlds of privacy and data...more

Africa Update - October 2015 #3

On October 17th, members of the United Nations (U.N.) Security Council urged all Libyan parties to endorse and sign the recently finalized political agreement for the creation of a Government of National Accord. The Security...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

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