In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct...more
On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s...more
Since the start of the year, the Federal Trade Commission (FTC) has brought actions against – and reached proposed settlements with – three business ventures engaged in the collection, use and sharing of certain consumer...more
Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view...more
On January 23, 2024, a California district court released its opinion in a closely-watched scraping dispute between the social media platform Meta and data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged...more
"I expect to see an increased focus on GenAI-specific inquiries in the due diligence process and corresponding representations and warranties in purchase and merger agreements. Governing legal terms and conditions vary...more
12/8/2023
/ Acquisitions ,
Artificial Intelligence ,
Automation Systems ,
Bots ,
Copyright ,
Cybersecurity ,
Emerging Technology Companies ,
Infringement ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
Mergers ,
Patents ,
Telecommunications ,
Trade Secrets ,
Trademarks
In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data. Soon after, another interesting scraping suit was filed, this time...more
11/17/2023
/ Air Canada ,
Artificial Intelligence ,
Breach of Contract ,
Cease and Desist Orders ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright ,
Injunctive Relief ,
Lanham Act ,
Online Travel Vendors ,
SCOTUS ,
Travel ,
Van Buren v United States ,
Web Scraping
The Federal Trade Commission (FTC) has long expressed a concern about the potential misuse of location data. For example, in a 2022 blog post, “Location, health, and other sensitive information: FTC committed to fully...more
On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” designed to spur new AI safety and security standards, encourage the development of privacy-preserving...more
10/31/2023
/ Algorithms ,
Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Automation Systems ,
Biden Administration ,
Defense Production Act ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Healthcare ,
Machine Learning ,
National Security ,
NIST ,
Privacy Laws ,
Public Health ,
Safety Standards ,
Security Standards ,
Training
In recent years there has been a great demand for information about job listings, company reviews and employment data. Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more
10/20/2023
/ Artificial Intelligence ,
Breach of Contract ,
Cease and Desist Orders ,
Computer Fraud and Abuse Act (CFAA) ,
Consultants ,
Copyright ,
Damages ,
DMCA ,
Injunctive Relief ,
Job Ads ,
LinkedIn ,
Online Reviews ,
Unfair Competition ,
Web Scraping
In the rapidly-evolving AI space, the last few days of this week saw significant AI developments occur perhaps even faster than usual. For example, seven AI companies agreed to voluntary guidelines covering AI safety and...more
Given the recent explosion of interest in Generative AI that came along with the introduction of ChatGPT in November, and the fact that Proskauer is advising clients on AI issues across almost all practice areas, the firm put...more
One of the many legal questions swirling around in the world of generative AI (“GenAI”) is to what extent Section 230 of the Communications Decency Act (CDA) applies to the provision of GenAI. Can CDA immunity apply to...more
Back in October 2022, the Supreme Court granted certiorari in Gonzalez v. Google, an appeal that challenged whether YouTube’s targeted algorithmic recommendations qualify as “traditional editorial functions” protected by the...more
A quick update on a new development with OpenAI’s ChatGPT. One of the concerns raised by users of ChatGPT is the ability of OpenAI to use queries for the training of the GPT model, and therefore potentially expose...more
As use cases for NFTs evolve from digital collectibles to more functional assets, sellers need to be more mindful than ever of what they are selling. There are still intellectual property related risks for any content...more
ChatGPT has quickly become the talk of business, media and the Internet – reportedly, there were over 100 million monthly active users of the application just in January alone.
While there are many stories of the...more
At the close of 2022, New York Governor Kathy Hochul signed the “Digital Fair Repair Act” (S4101A/A7006-B) (to be codified at N.Y. GBL §399-nn) (the “Act”). The law makes New York the first state in the country to pass a...more
UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction.
On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more
12/9/2022
/ Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Damages ,
hiQ Labs Inc v LinkedIn Corp ,
LinkedIn ,
Misappropriation ,
Permanent Injunctions ,
SCOTUS ,
Settlement Agreements ,
User Agreements ,
Vacated ,
Web Scraping
On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against LinkedIn Corp. (“LinkedIn”). (3taps, Inc. v. LinkedIn Corp., No....more
On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial practice of web scraping were sufficient to survive the defendant’s motion to...more
On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data...more
Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers...more
Background -
The issue of fraudulent crypto-related mobile apps has received much attention of late. Back in July 2022, the FBI issued a notice, warning financial institutions and investors about instances where criminals...more
9/16/2022
/ Apple ,
Communications Decency Act ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Cryptocurrency ,
FBI ,
Financial Institutions ,
Fraud ,
Immunity ,
Limitation of Liability Clause ,
Mobile Apps ,
Phishing Scams
On August 29, 2022, the Federal Trade Commission (FTC) announced that it had filed a complaint against Kochava, Inc. (“Kochava”), a digital marketing and analytics firm, seeking an order halting Kochava’s alleged acquisition...more