The U.S. is rightfully protective of U.S. consumers, and the Federal Trade Commission (FTC) often takes the role of protecting privacy rights through Section 5 of the FTC Act. The linked article highlights such enforcement...more
Considering the polarized nature of today's Congress, businesses' antipathy for a broad private right of action, and the states' strong interest in avoiding preemption, it seems unlikely the American Privacy Rights Act will...more
Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA). APRA would largely preempt the...more
This is an interesting thought. But a big concern is one that is already an issue in the corporate world: the biases of the AI “judges” employed to make determinations regarding customers. I'd fear the training materials...more
Actual confusion is considered the sine qua non of trademark infringement. The presence of actual confusion can carry the day in proving a likelihood of confusion entitling the claimant to summary judgment. But not all...more
In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy...more
In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting...more
9/7/2023
/ Artificial Intelligence ,
Charitable Organizations ,
Copyright ,
Copyright Infringement ,
Copyright Ownership ,
Data Collection ,
Data Privacy ,
Intellectual Property Protection ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Shareholders ,
User-Generated Content
If you are like most wine brands, DTC through your tasting room, club, and website can only take you so far. Success usually means accessing the general on- and off-premise markets, and accessing those markets means working...more
9/6/2023
/ Contract Terms ,
Exclusivity ,
Intellectual Property Protection ,
Partnerships ,
Pricing ,
Reporting Requirements ,
Sales & Distribution Agreements ,
Suppliers ,
Termination ,
Wine & Alcohol ,
Written Consent
Welcome to EO Radio Show – Your Nonprofit Legal Resource. I'm Cynthia Rowland, and I'm happy to have my Farella colleague Nate Garhart back for a chat about artificial intelligence and what nonprofits need to know when using...more
ChatGPT got the early press, and every day we learn of new generative artificial intelligence products that can create new and creative visual and text responses to human input. Following on ChatGPT’s fame, Google’s Bard and...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, Cynthia Rowland and Nate Garhart discuss privacy laws and how they affect website content development and online activities by nonprofits.
They begin...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. Happy New Year, everyone! In episode 26, Cynthia Rowland and her guest Nate Garhart discuss websites and terms of use and the legal concepts relevant to nonprofits...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their...more
12/13/2022
Since the California Consumer Privacy Act (“CCPA”) was passed in 2018, employers have been watching carefully to see how the law will apply to data collected and maintained about their employees. Up until now, employment data...more
10/5/2022
/ California Consumer Privacy Act (CCPA) ,
Covered Employer ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
Employee Privacy Rights ,
Exemptions ,
Notice Requirements ,
Personal Information ,
Privacy Policy ,
Right to Delete
Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the United States. These legislative efforts appear likely to lead to limits on the immunity...more
4/26/2022
/ Anti-Competitive ,
Continuing Legal Education ,
Data Collection ,
Digital Marketplace ,
Digital Services ,
EU ,
Online Platforms ,
Personal Data ,
Proposed Legislation ,
Section 230 ,
Webinars
Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable...more
9/9/2021
/ Cannabis-Related Businesses (CRBs) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Property Damage ,
Ransomware ,
Reputational Injury ,
Retailers ,
Risk Mitigation
Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more
5/19/2021
/ Cannabis-Related Businesses (CRBs) ,
Confidential Information ,
Continuing Legal Education ,
Contract Negotiations ,
Contract Terms ,
Cyber Insurance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Insurance Brokers ,
Insurance Contracts ,
Insurance Industry ,
Popular ,
Privacy Laws ,
Webinars
For most employers, it is important to own the intellectual property rights in written and/or graphic work commissioned from independent contractors. But including a Work Made for Hire Clause (“WMFH Clause”) in an...more
4/30/2021
/ Assignments ,
Copyright ,
Disability Insurance ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Independent Contractors ,
Intellectual Property Protection ,
Labor Code ,
Misclassification ,
Unemployment Insurance ,
Work Made For Hire Doctrine
You may have recently received a notice from the Bureau of Cannabis Control, the California Department of Food and Agriculture, and/or the California Department of Public Health regarding billboard advertisements featuring...more
Intellectual property (IP) is a critical issue in the cannabis industry. Creating and protecting cannabis products, processes, and brands comes with unique challenges, and certain IP laws may apply differently to cannabis...more
1/13/2021
/ Brand ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Continuing Legal Education ,
Copyright ,
Intellectual Property Protection ,
Misappropriation ,
Patents ,
Trade Secrets ,
Trademarks ,
Webinars
Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data...more
The California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, and while the CCPA does not expressly require compliance by nonprofits, nonprofits should be aware of some obligations when it comes to data...more
10/8/2020
/ Best Practices ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Data Collection ,
Data Privacy ,
Donors ,
Litigation Strategies ,
Noncompliance ,
Nonprofits ,
Personal Data ,
Personally Identifiable Information ,
Webinars
With a little time to consider the finalized California Consumer Privacy Act regulations released by the California Attorney General on August 14, 2020, it is clear that some last-minute negotiations (or perhaps just some...more
8/27/2020
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Consent ,
Consumer Privacy Rights ,
Disclosure Requirements ,
Do Not Sell ,
Final Rules ,
Misuse of Information ,
Notice Requirements ,
Office of Administrative Law ,
Opt-Outs ,
Personal Information ,
State Attorneys General ,
Transparency ,
Websites
The shelter-in-place orders prevented in-person tastings from happening, throwing a curve ball to the wine industry. As the wine country slowly prepares to reopen, it will not be the same experience pre-COVID-19 pandemic. For...more
6/19/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Privacy Laws ,
Public Health ,
Re-Opening Guidelines ,
Webinars ,
Wine & Alcohol ,
Wineries
While we’re far from returning to the “normal” that predated the COVID-19 pandemic, states have begun to relax lockdown requirements and some previously “nonessential” businesses are returning to operations. Along with these...more
6/16/2020
/ Consumer Privacy Rights ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Health and Safety ,
Personal Data ,
Privacy Laws ,
Re-Opening Guidelines ,
Virus Testing