With the enduring popularity of certain NFTs and the promise of their use in the Metaverse and beyond, the hype around the new technology has been accompanied by rising concerns over NFTs being the centerpiece of traditional...more
7/29/2022
/ Blockchain ,
CFTC ,
Criminal Conspiracy ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Financial Crimes ,
Howey ,
Money Laundering ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Wire Fraud
On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes...more
The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where...more
12/3/2021
/ Antitrust Provisions ,
Artificial Intelligence ,
Augmented Reality ,
Blockchain ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Privacy ,
Digital Assets ,
Digital Currency ,
Digital Platforms ,
E-Commerce ,
Goods or Services ,
Information Technology ,
Innovative Technology ,
Intellectual Property Protection ,
Internet ,
Popular ,
Virtual Reality
On August 5, 2021, a proposed class action settlement was reached in the closely-watched privacy action against fintech services company Plaid Inc. (“Plaid”). The settlement features a $58 million settlement fund and certain...more
8/9/2021
/ Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Financial Services Industry ,
Financial Transactions ,
FinTech ,
Injunctive Relief ,
Popular ,
Settlement Agreements
This yearly report provides a summary of some of the significant changes and developments that occurred in the past year in the hedge fund and private equity spaces, as well as certain recommended practices that investment...more
As reported last week, it appears that a state-sponsored security hack has resulted in a major security compromise in widely-used software offered by a company called SolarWinds. The compromised software, known as Orion, is...more
12/22/2020
/ Cyber Attacks ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Security ,
Hackers ,
Incident Response Plans ,
Popular ,
Risk Mitigation ,
SolarWinds ,
Supply Chain
As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations...more
12/22/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dual Purpose ,
Due Diligence ,
Hackers ,
Incident Response Plans ,
Popular ,
Risk Assessment ,
SolarWinds
In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd...more
Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No....more
In late May, the Global Shipping Business Network (GSBN), a consortium of ocean carriers and terminal operators, filed a petition with the Federal Maritime Commission (FMC) to obtain an antitrust exemption under the U.S....more
6/4/2020
/ Antitrust Provisions ,
Blockchain ,
Coronavirus/COVID-19 ,
Federal Maritime Commission ,
Maritime Transport ,
Operating Agreements ,
Popular ,
Public Comment ,
Risk Mitigation ,
Shipping ,
Shipping Cargo ,
Supply Chain ,
Vessels
In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm...more
3/10/2020
/ Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Data Collection ,
Facebook ,
Personal Information ,
Popular ,
Public Disclosure ,
Social Media ,
Terms of Use ,
Unauthorized Access ,
Web Scraping
Last week, Democratic Senators Ron Wyden and Sherrod Brown and Congresswoman Anna Eshoo sent a letter to FTC Chairman Joseph J. Simons urging the agency to investigate whether analytics firm Envestnet, Inc. (which operates...more
1/22/2020
/ Congressional Investigations & Hearings ,
Consumer Financial Products ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Financial Services Industry ,
FTC Act ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Popular ,
Unfair or Deceptive Trade Practices
t is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020.
Data: The Issues of the Year -
Data presented a wide...more
12/24/2019
/ 5G Network ,
Artificial Intelligence ,
Big Data ,
Blockchain ,
California Consumer Privacy Act (CCPA) ,
CFIUS ,
Communications Decency Act ,
Consumer Privacy Rights ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Deep Fake ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Machine Learning ,
Popular ,
Privacy Laws ,
Social Media ,
Technology Sector
With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101...more
12/5/2019
/ Disclosure Requirements ,
E-Commerce ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
New Guidance ,
Online Advertisements ,
Online Endorsements ,
Popular ,
Social Media ,
Websites
Yes, it’s time for the end-of-year blog post – a look back at interesting issues of 2018 and a look forward to what we see coming down the pike in the new year....more
On Friday, the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about...more
11/7/2018
/ Anti-Fraud Provisions ,
Breach of Contract ,
Computer Fraud and Abuse Act (CFAA) ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Electronic Communications ,
Fund Managers ,
Material Nonpublic Information ,
Personally Identifiable Information ,
Popular ,
Smartphones
Content owners and their attorneys have been enthusiastically anticipating the use of blockchain as a mechanism for royalty accounting, recording the chain of title of intellectual property interests, and protecting, tracking...more
5/16/2018
/ Bitcoin ,
Blockchain ,
Copyright ,
Copyright Infringement ,
Digital Currency ,
Digital Media ,
Distributed Ledger Technology (DLT) ,
DMCA ,
Encryption ,
Intellectual Property Protection ,
Popular ,
Royalties ,
Technology
While there has been a great deal of attention being paid lately to the use of blockchain for the issuance and investment (or speculation) in cryptocurrencies, other enterprise-based applications of blockchain continue to be...more
2018 promises great inroads in the realm of “quantum computing.” While conventional computers use binary data or bits (i.e., 0s and 1s) to store and process information (a bit can either store a 0 or 1), a quantum computer...more
A Canadian appellate court ruled that a lower court had jurisdictional authority to issue a production order to craigslist based upon its virtual (but not physical) presence in British Columbia. The production order requested...more
1/24/2018
/ Canada ,
Craigslist ,
Criminal Investigations ,
Discovery ,
Document Productions ,
E-Commerce ,
Electronically Stored Information ,
EU ,
Extraterritoriality Rules ,
International Litigation ,
Jurisdiction ,
Multinationals ,
Popular
As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented. Similarly, it is a time to look forward and anticipate what...more
12/21/2017
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
Blockchain ,
Communications Decency Act ,
Cybersecurity ,
DMCA ,
Emerging Technology Companies ,
EU ,
General Data Protection Regulation (GDPR) ,
Initial Coin Offering (ICOs) ,
Popular ,
Technology Sector ,
Uniform Commercial Code (UCC)
The blockchain or “distributed ledger network” was originally conceived as the peer-to-peer technology platform that allows for the transfer of Bitcoin without the need for a trusted intermediary. However, the blockchain...more
The blockchain protocol (a form of a ‘distributed ledger system’) was originally designed as a platform to process Bitcoin transactions. The protocol enables peer-to-peer transactions and eliminates the need for a trusted...more
We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more
2/24/2017
/ Article III ,
Background Checks ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Security ,
Facial Recognition Technology ,
Hiring & Firing ,
Job Applicants ,
Parental Consent ,
Personal Data ,
Popular ,
Prior Express Consent ,
Privacy Concerns ,
Proposed Legislation ,
Retail Market ,
Retailers ,
Software ,
Standing ,
Technology ,
Technology Sector
Service Providers Must Re-register Online to Maintain Safe Harbor Protection -
A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more
12/7/2016
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
DMCA ,
Internet Service Providers (ISPs) ,
Music Industry ,
Popular ,
Registration Requirement ,
Safe Harbors ,
Takedown Notices ,
Websites