Mobile Apps

News & Analysis as of

Pokémon GO: An Indicator of Product Liability in the App Economy

As a big law firm involved in the defense of Product Liability cases, of course we are interested in how Product Liability law will evolve to address the App Economy. Mobile apps (apps) are software applications designed...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

Pokémon Oh No! Augmented reality raises specter of personal injury claims: M&R Blog

There’s no denying it—Pokémon have taken over the country and, as of the popular app’s launch in more than 30 countries over the past few weeks, the world. As the media is eager to point out, the game’s launch has not been...more

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

Digitally Delivered Products Now Subject to Sales Tax in Pennsylvania - Tax Update Volume 2016, Issue 3

The implementation of sales tax on the thousands of services that are delivered digitally can prove vexing. Have you downloaded a book recently or sent an e-card? Is your billing address in Pennsylvania? If so, as of August...more

App Developer Not Liable Under TCPA For User-Initiated Texts

A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...more

Pokémon GO Exposes Risks of Bring-Your-Own-Device (BYOD) Policies

There’s no denying it: Pokémon GO is a phenomenon. The smartphone game, in which players use their mobile device camera and GPS to capture, battle, and train virtual creatures, was released in the United States on July...more

Pokémon Go Faces More Criticism

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Pokemon Go Away: Monsters Creating Nuisance Problems

This game has been all the rage since July. Engadget reports over 100 million downloads of Pokemon Go, racking up $10 million each day in revenue for game makers Niantic, The Pokemon Company and Nintendo. It’s a beast. ...more

Health Tech Podcast - Episode 2: Best Practices for Health App Development [Video]

Ian O’Neill, a shareholder in the firm’s Intellectual Property Department focusing on technology transactions, licensing, advanced media and privacy issues, and Emily Weber, a shareholder in the firm’s Health Care Group...more

No Cash? No Problem: The Emergence of Cashless Retailers

From the time we were little, putting birthday money into our piggy banks, cash has always been an important part of our lives. Now, imagine a world where cash is no longer king. Like so many other things that we thought were...more

Pokémon in the Workplace: Does Your Company Need a Policy?

It seems crazy to have to tailor office policy because of the advent of a new phone app, doesn't it? But this is exactly what is transpiring due to the overwhelming popularity of Pokémon Go, an app for your phone that allows...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update

Is Pennsylvania bringing back its tax on “computer-related services”? Pennsylvania’s new “Netflix” tax (enacted as part of Act 84 of 2016) covers more than just digital downloads and streaming services. Effective August 1,...more

Court: Web Registration Did Not Establish User Assent to Arbitration Agreement

Perhaps overshadowed in the raging battle over the Consumer Financial Protection Bureau's proposal to ban the use of class action waivers in consumer arbitration agreements involving consumer financial products or services is...more

SDNY Refuses to Enforce Uber’s Online “Sign-In-Wrap” Terms, Arbitration Provision and Jury Waiver Clause

On July 29, 2016, the Southern District of New York, in Meyer v. Kalanick, refused to enforce mandatory arbitration and jury waiver provisions against a putative class of Uber consumers. In a lengthy and strongly worded...more

Pokémon – A Wake-up Call to Employers on the Importance of Electronic Use Policies

As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game. For employers, Pokémon...more

Warning Issued to Businesses About Pokemon GO App

The International Association of Information Technology Asset Managers (IAITAM) has issued a warning to businesses alerting them to the risks posed by employees downloading the Pokemon GO app on a company issued phone....more

Mobile Apps - Has the Marketplace Downloaded Potential Product Liability Risk?

For many consumers, it is hard to remember performing a daily routine without using a mobile application. App usage starts almost immediately - with a morning alarm that wakes you up slowly or with a coffee waiting for you at...more

Human Intervention Saves Life360 From TCPA Liability

Last week, the United States District Court for the Northern District of California dismissed a putative class-action lawsuit filed against Life360, Inc. (“Life360”), a family networking app, for alleged violations of the...more

Pokemon App Developer Sued for Failed Privacy Protections

Niantic Inc. (Niantic), developer of the mobile game “Pokémon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and...more

Mobile apps face new controls in China

The circumstances surrounding the replacement of Lu Wei as head of the Cyberspace Administration of China in June remain difficult to discern, but the politics surrounding its leadership seem not to have deflected the CAC...more

Augmented Reality Insurance Risks: Gotta Catch ‘Em All

The rising Pokemon Go sensation has dramatically increased the popularity of augmented reality games, but it has also brought with it increased risks and liabilities for both game users and developers alike. For those who...more

Pokémon Go…es To Court!

Hugely successful games attract lawsuits. Pokémon Go has been hugely successful and, predictably, has attracted a lawsuit. In a recently filed class action, a plaintiff has alleged that a number of the GPS coordinates...more

The Practical Legal Implications of Pokémon Go

On July 6, 2016, Nintendo released Pokémon Go in the United States. Pokémon Go is a downloadable application for your smartphone that provides for an “augmented reality experience.” In the game, computer-generated virtual...more

FTC Mobile Health Guidance

On April 5, 2016, the Federal Trade Commission (FTC) released new guidance for mobile apps directed towards providing health-related services and information. This guidance was developed with numerous other agencies,...more

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