The “Generative AI Copyright Disclosure Act of 2024” is a legislative proposal introduced by Representative Adam Schiff aimed at enhancing transparency in the AI industry. This act requires developers of AI models to disclose...more
Utah is poised to enforce the Utah Artificial Intelligence Policy Act (“UAIP;” S.B. 0149) a first-of-kind legislation that is going into effect on May 1, 2024. Starting next week, this act will introduce stringent...more
In the 2023 Vans vs. MSCHF decision, the Second Circuit Court of Appeals ruled in favor of Vans, a known skateboarding footwear and apparel brand, against the New York art collective MSCHF. The case centered around MSCHF’s...more
2/16/2024
/ Artistic Works ,
Fashion Industry ,
First Amendment ,
Freedom of Expression ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Product Identifiers ,
Rogers Test ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
The Case -
This case unfolded in the U.S. District Court for the Western District of Michigan and revolved around allegations of patent infringement brought against Opti-Luxx for the sale of its “Destination” direct-mount...more
On September 15, 2023, the Patent Trial and Appeal Board (“PTAB”) issued two final decisions with favorable rulings for Brooks Kushman client Current Lighting Solutions, LLC (“Current Lighting”), and Walmart Inc., in a patent...more
Virginia has now become the second state in the United States to pass a comprehensive data privacy law. The Virginia Consumer Data Protection Act (“CDPA”), which passed in the Virginia House of Representatives (89-9) and...more
3/3/2021
/ Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Enforcement ,
Governor Northam ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws
The threat of cyber-attacks is growing, particularly in the healthcare sector. That’s the conclusion of a new report issued by the FBI, Department of Health and Human Services, and Cybersecurity and Infrastructure Security...more
11/16/2020
/ Authentication ,
Computer Virus Protection ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
FBI ,
Hackers ,
Health Care Providers ,
Information Technology ,
Malware ,
Passwords ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Ransomware
In 2018, California became the first state to approve a comprehensive law that sought to enhance privacy rights and consumer protection by imposing new privacy obligations on certain businesses that collect information of...more
On August 14th, the Office of the Attorney General (OAG) announced the final regulations for the California Consumer Privacy Act (CCPA) had been approved by the Office of Administrative Law (OAL). According to an official...more
Auto dealerships are, unfortunately, a favorite target of cyber criminals. This is due to the fact that dealerships collect, process, and store large quantities of sensitive customer data across their various technology...more
As a result of the recent crisis, Zoom became the “go to” video-conferencing platform. Employees spread across the country began using Zoom to keep in constant communication. Fitness instructors began hosting fitness classes...more
In this episode of BK Cyber Bytes, John Rondini and Todd Dishman discuss IOT devices and major breaches that have occurred with them over the past few years. They also cover legislative updates, including recent the recent...more
As COVID-19 continues to spread in the United States and around the world, more employers are permitting, and in many cases requiring, their employees to work from home. For example, on March 12, Amazon recommended that all...more
Changes in the cyber and data privacy landscape continued to have a meaningful impact on companies throughout 2019. Over the past year, there were numerous breaches and cyber-attacks as well as changes in cyber/privacy...more
3/2/2020
/ California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Internet of Things ,
NIST ,
Privacy Laws
In the first-of-its-kind privacy lawsuit, Hanna Andersson and Salesforce.com have been accused of violating the California Consumer Privacy Act (“CCPA”). (Barnes v. Hanna Andersson, LLC, N.D. Cal., No. 20-cv-00812.) This...more
Cybersecurity due diligence is now a vital concern during a merger and acquisition (M&A) transaction. With the amount of money and time at stake, failing to perform proper cybersecurity due diligence can have devastating...more
1/29/2020
/ Acquisitions ,
Class Action ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Due Diligence ,
Incident Response Plans ,
Information Security ,
Marriott ,
Mergers ,
Popular ,
Privacy Laws ,
Representations and Warranties Insurance ,
Risk Assessment ,
Risk Mitigation ,
Verizon ,
Yahoo!
A new bi-partisan bill titled the “Cybersecurity State Coordinator Act of 2020” was recently introduced by Senator Maggie Hassan (D-NH) and co-sponsored by Sen. Gary Peters (D-MI), Senator John Cornyn (R-TX), and Senator Rob...more
On the next episode of the Brooks Kushman Cybersecurity Podcast, shareholders John Rondini and Todd Dishman discuss the various types of cyber-insurance policies currently available and the coverage they offer. They also...more
1/16/2020
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Theft ,
Hackers ,
Insurance Industry ,
Intellectual Property Protection ,
Malware ,
Phishing Scams ,
Policy Terms ,
Popular
On October 21, 2019, ChargePoint, Inc. (“ChargePoint”) filed a Petition for a Writ of Certiorari with the United States Supreme Court. ChargePoint is requesting that the Supreme Court overturn the Federal Circuit’s decision...more
Case No. 17-1594 (U.S. June 10, 2019)-
On June 10, 2019, the Supreme Court ruled that the U.S. government is not a “person” for purposes of filing a petition for review of a patent under the transitional program for...more
6/20/2019
/ Administrative Agencies ,
America Invents Act ,
Covered Business Method Proceedings ,
Government Entities ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Validity ,
Patents ,
Post-Grant Review ,
Return Mail Inc v United States Postal Service ,
SCOTUS
As the adage goes, “security is a process, not a product.” And when—not if—your business encounters a data breach a clearly documented incident response plan will help delineate (1) what steps need to be taken during a...more
Arista Networks, Inc. v. Cisco Systems, Inc., Case No. 2017-1525 (Fed. Cir. Nov. 9, 2018)
The Federal Circuit recently ruled that a petition for inter partes review is not barred by assignor estoppel when the petitioner is...more
On November 16, 2018, the U.S. Court Appeals for the Federal Circuit ruled that a software security patent owned by Ancora Technologies, Inc. claims eligible subject matter under 35 U.S.C. § 101. The decision reversed a...more
On October 11, 2018, the U.S. Patent and Trademark Office (“the Office”) published final rules changing the patent claim construction standard used by the Patent Trial and Appeal Board (“PTAB”) in AIA proceedings from the...more
On August 16, 2018, the U.S. Court of Appeals for the Federal Circuit issued a spate of precedential decisions, including three clarifying procedures in inter partes review proceedings before the USPTO’s Patent Trial and...more