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Update: The Right to Repair Stalls in Federal Court

In our January 2021 blog post The Right to Repair in Massachusetts Rolls Forward, we discussed how Massachusetts voters in November 2021 approved Question One, a ballot initiative amending the commonwealth’s 2012 Right to...more

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI)...more

Artificial Intelligence and Intellectual Property: Transatlantic Approaches

The World Intellectual Property Office (WIPO) held its third “Conversation on Intellectual Property and Artificial Intelligence” on November 4, 2020, to discuss its revised issues paper on Intellectual Property Policy and...more

Contract Corner: The Purview Doctrine – Does a Guaranty Need to Be Reaffirmed When Amending a Guaranteed Contract?

You signed a deal with the US subsidiary of an India-based service provider, and the Indian parent issued a guaranty. Several years later, you are now amending the original master services agreement (MSA) to add to the scope...more

Allocating IP Rights in Development Agreements

When a company desires to develop technology, it has two options: develop the technology in-house by its employees, or contract with a third-party developer to develop the technology. ...more

COVID-19 in India: Lockdown Guidelines Revised

The nationwide lockdown in India in response to the coronavirus (COVID-19) pandemic has been extended until May 3. The Indian government has permitted the operation of certain additional business activities from April 20...more

CARES Act: Key Takeaways for the Technology Industry

President Donald Trump signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) into law on March 27. The CARES Act aims to offer economic relief to companies and their employees due...more

COVID-19 in India: Travel Restrictions and Lockdown Measures

With increasing cases of the coronavirus (COVID-19) in India, travel restrictions have been expanded and a 21-day lockdown has been implemented to contain the spread of the virus within the country....more

SEC Publishes Report on Cybersecurity and Resiliency

The US Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) published a report on January 27 outlining various industry practices and approaches to managing and combating...more

Data Privacy Bill Introduced in Washington State

Washington may be the next state to enact its own data privacy law after a bill was introduced into the Washington State Senate earlier this month. Known as the Washington Privacy Act, the bill’s sponsor, Sen. Reuven Carlyle,...more

Reseller Versus Distributor: Issues to Consider in Both Relationships

The terms “reseller” and “distributor” are often used interchangeably to describe entities that purchase goods or services from a manufacturer and then distribute or resell such goods or services to retailers and consumers....more

1/21/2020  /  Distributors , Manufacturers , Retailers

2019 ISG Momentum Market Trends & Insights Geography Report

The 2019 ISG Momentum Market Trends & Insights Geography Report was recently released and contains valuable insights on how the outsourcing industry is growing and transforming around the world. The report, which was...more

US and UK Sign Cross-Border Data Access Agreement

The United States and the United Kingdom entered into the world’s first ever Clarifying Lawful Overseas Use of Data Act (CLOUD Act) agreement on October 3, 2019 (the Agreement). The Agreement, which will enter into force...more

Joint Venture and Alliance Issues in the Automotive Space

Classic joint ventures—creating an entity jointly owned by two or more entities—have been common in the automobile industry (and others) for a variety of reasons, such as their usefulness in offsetting high startup costs....more

Is Your Disclosure Sufficient? New Challenge to Application’s Privacy Policy

Does your website or application collect user data? Does your company sell that user data to other third parties, such as advertisers? Does your company disclose this practice to your users in a privacy policy or terms or...more

Contract Corner: Knowledge Qualifiers in IP Representations and Warranties

In most transactions involving the sale or license of intellectual property, a buyer or licensee will request that a seller or licensor represent and warrant that such intellectual property does not infringe or misappropriate...more

Civil and Criminal Charges Filed in SEC Hacking

As we previously discussed, nobody is safe from cybersecurity threats, and as our colleagues last reported, the US Securities and Exchange Commission (SEC) has heightened its cybersecurity scrutiny, issuing an investigative...more

Music Modernization Act Brings Music Licensing Scheme into the Modern Age

The Hatch-Goodlatte Music Modernization Act was signed into law on October 11, 2018. The act has been termed a music industry peace treaty of sorts, as it is designed to address years of issues and compromise between music...more

Federal Court Rules Company Website and Mobile App Subject to ADA

In today’s connected world, companies rely heavily on their websites and mobile applications to reach consumers. There have been a number of lawsuits filed alleging companies’ websites and mobile applications are inaccessible...more

California Regulates Internet of Things

Every January, electronics manufacturers descend upon Las Vegas for the annual Consumer Electronics Show (CES) to showcase their latest and greatest forays in devices. Not surprisingly, there was no shortage of shiny fresh...more

NAIC Adopts Insurance Data Security Model Law

On October 24, 2017, during a joint meeting of the National Association of Insurance Commissioners (NAIC) Executive (EX) Committee and Plenary, the NAIC officially adopted the Insurance Data Security Model Law (Model Law) to...more

Residuals Clauses in IP Agreements and NDAs

A residuals clause is a provision in an IP agreement or non-disclosure agreement stipulating that if a party learns some general information regarding the other party’s IP while working with the other party, the party...more

NIST Small Business Cybersecurity Act Passes in the House

On October 11, 2017, the House of Representatives passed bill H.R. 2105, the NIST Small Business Cybersecurity Act (NIST Act), which would require the US Department of Commerce’s National Institute of Standards and Technology...more

10/19/2017  /  Cybersecurity , NIST , Small Business

House Passes SELF DRIVE Act

The US House of Representatives passed the ‘‘Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act,’’ or the ‘‘SELF DRIVE Act’’ on September 6. As stated in the act, the purpose of the law is to...more

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