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Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

California Court Grants TRO Against Iipay Nation in Online Bingo Case

On December 12, 2014, Judge Anthony Battaglia of the U.S. District Court for the Southern District of California granted the State of California’s Motion for a Temporary Restraining Order (TRO) against the Iipay Nation of...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

Legal Considerations for Web Based Start-Ups

Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. A leading forecaster found that global mobile internet usage leapt from 14 percent to 25...more

ICANN Gears Up for Second Round of gTLD Applications Even as First Round Still Underway

The most significant development in the Internet space in recent years is the ongoing generic top-level domain (gTLD) expansion. (As a reminder, a TLD is what appears to the right of the "dot" in a domain name (i.e., .COM,...more

So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

The Netherlands: massive interest in Dutch remote gambling licenses

As earlier announced, the Dutch Games of Chance Authority (“KSA”) called online gambling operators to express their interest in a future license for offering remote gambling in the Netherlands....more

Viability of certain Internet and software patents reconfirmed in DDR Holdings, LLC v. Hotels.com

DDR Holdings, LLC v. Hotels.com, L.P., Appeal No. 2013-1505 (Fed. Cir. Dec. 5, 2014) For those following the law of patent eligibility in the United States, a December 5, 2014 precedential decision by the Court of...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

Common Myths about Copyrights and the Internet

Myth: If it’s on the Internet, it’s in the public domain. Mostly False. “Public domain” refers to works which are NOT protected by copyright law. There are only three ways in which something can be considered...more

Markit to Market - October 2014

The October issue of Sterne Kessler's MarkIt to MarketTM newsletter reviews some highlights from the new USPTO Service Mark Specimens Examination Guide, considers the colorful history of the Störtebeker beer brand name, and...more

Advertising Leaders: Come Clean with Industry Fraud

“Warning: The Internet advertising market is dangerous, unregulated and crawling with bots, scammers and questionable traffic. There’s a serious risk a quarter of your ads will never be seen by a real person. And even the...more

Internet Free-Speech and the Push Towards Unmasking Online Anonymity

Internet heavyweights including Google, Facebook, and Twitter are backing the popular business review site Yelp in a Virginia Supreme Court case that has gained country-wide attention as having the potential to significantly...more

BBB Watchdog Cites Five On-Line Companies for Failing to Adhere to Enhanced Notice of Third-Party Data Collection for Online...

This week, the Online Internet-Based Advertising Accountability Program, a unit of the Better Business Bureau (“BBB”), released five decisions in which Answers Corporation, Best Buy, BuzzFeed, Go.com, and Yelp agreed to...more

Internet Startups: Beware of Being a Money Transmitter

So, you’ve got a great idea. Social media platforms are all about finding new solutions for old inefficiencies. And what’s more efficient than serving as a platform for an account holder to obtain a single cash payment in...more

Exempt Intrastate Offers: Advertising and Soliciting on Websites and Social Media

The SEC elaborates on how to utilize online general advertising and solicitation while complying with the requirements of the Rule 147 Exemption for Intrastate Offerings A recent Securities and Exchange Commission...more

Fan pages and social media – who shall be blamed?

Internet liability are increasingly tested with the growth of social media. And we receive a large number of requests of advice from clients running a fan page, a group or a list on social networks dedicated to either their...more

What are you giving up when you click a click-through contract?

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

Website Blocking Orders - A New Tool in the Fight Against Online Trade in Counterfeit Goods

There are many ways in which online trade in counterfeit goods can be tackled. Unfortunately, they are often ineffective and in many cases expensive. ...more

Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

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