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News & Analysis as of

Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015,...more

USPTO Implements Enhanced Patent Assignment Search

In a Patent Alert e-mail distributed last month, the U.S. Patent and Trademark Office announced the release of an enhanced version of its Patent Assignment Search System. The Office noted that the new system provides an...more

To Be or Not To Be? Not to Be, if Your Search Contains Noise Words: eDiscovery Best Practices

This is an issue that comes up frequently when my clients ask me to review their proposed search terms, or need help in understanding why a particular term doesn’t retrieve the intended result....more

Breach Notification law: Yahoo’s Breach and the Duty to Disclose

Last week, Yahoo disclosed that in 2014 it suffered one of the largest data breaches in history, with at least 500 million Yahoo accounts compromised.  Given the timing of its acquisition deal with Verizon, Yahoo has been...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

Your daily dose of financial news - The Brief – 9.23.16

Well, see, Yahoo just doesn’t have enough on its plate these days. So why not the revelation that hackers stole data on 500 million users in 2014? The hack—thought to be a state-sponsored affair—is likely the biggest data...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

FTC Complaint Counsels Caution When Settling Disputes With Competitors

The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act,...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

A New Domain Name Option for the Insurance Industry

Global insurance industry members have a new online tool—the “.insurance” domain name extension. This generic top level domain (gTLD), governed by insurance industry and security experts, is reserved solely for verified...more

Edible Arrangements’ Trademark Case Bears Fruit

In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing...more

Stricter PRC online advertising regulation in response to search scandal

The China State Administration of Industry and Commerce recently issued the Online Advertising Regulation (Regulation) which will come into force on September 1, 2016. The Regulation has been widely regarded as the response...more

Changes afoot in China cyber and data laws

Significant developments have been announced by the Chinese Government in recent weeks in relation to cyber security, data handling and online activities. Organisations doing business in the People's Republic of China are...more

Important Issues are yet to be corrected in the Right to be Forgotten

The recognition by the European Union of a “Right to be Forgotten” has caused much controversy, but seemingly progress is being made. The Right, which entitles Europeans to petition data controllers to prevent harmful...more

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance....more

3 Simple Tools to Help Optimize Your Law Firm’s Website in 2016

Creating a great website that speaks to your audience, is easy to use, and encourages interaction with your brand is no small feat. However, many companies and law firms may not realize that it’s only half the battle due to...more

Recent Amendments to the Russian Personal Data Protection Legislation: The Right to be Forgotten

On July 13, 2015, the Russian President signed Federal Law No. 264-FZ (the Law), which introduced a range of amendments into Russian legislation (the Amendments). In particular, the principle of the “right to be forgotten”, a...more

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting...more

Defamation: Internet Crisis Control

Arriving at his warehouse last week Knott Faire, owner of Faire Carpet Cleaning, discovered yet another complaining critique posted on WELP: “Lots of hype, a mediocre cleaning and a hassle at the end. Don’t get tied up with...more

JDB 077: How Can a Solo Lawyer Compete with the Big Law Firms?

The numbers just don’t add up. How can a solo attorney or a small firm really believe that they can compete with the big law firms and their big advertising budgets and in-house marketing departments?...more

The Five Stages of Online Lead Generation

On October 30, the FTC presented a workshop on lead generation entitled Follow the Lead. Online lead generation is an area receiving increased regulatory scrutiny by the FTC and other regulators, including the CFPB. Over the...more

U.S. Supreme Court Oral Argument in Spokeo, Inc. v. Robins

This morning the U.S. Supreme Court heard oral arguments in Spokeo, Inc. v. Robins, No. 13-1339. As our loyal blog readers know, this is a case that corporate counsel need to follow closely in light of the stakes for the...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 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

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books...more

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