Proskauer - New Media & Technology

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Firm Profile: Proskauer Rose LLP
Eleven Times Square
(Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas of Practice
  • Art, Entertainment, & Sports Law
  • Commercial Law & Contracts
  • Communications & Media Law
  • Litigation
  • Mergers & Acquisitions
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • Illinois
  • Louisiana
  • Massachusetts
  • New Jersey
  • New York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”). BIPA is still the only state biometric privacy statute with a private right of action. It…more
 /  Communications & Media Law, Consumer Protection, Elections & Politics, Privacy, Science, Computers, & Technology

FOSTA Signed into Law, Amends CDA Section 230 to Allow Enforcement against Online Providers for Knowingly Facilitating Sex Trafficking

Today, the President signed H.R. 1865, the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” (commonly known as “FOSTA”). The law is intended to limit the immunity provided under Section 230 of the…more
 /  Civil Rights, Communications & Media Law, Science, Computers, & Technology

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site did…more
 /  Civil Procedure, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

Federal Circuit Again Reverses California Court in Oracle-Google Copyright Dispute over Java APIs – Releases a Major Ruling on Fair Use in the Software Context

In this long-running dispute that has been previously dubbed “The World Series of IP cases” by the presiding judge, Oracle America Inc. (“Oracle”) accuses Google Inc. (“Google”) of unauthorized use of some of its Java-related…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Federal Omnibus Spending Bill Includes CLOUD Act – Outlines Obligations of Providers to Turn over Electronic Communications Stored Overseas and Procedures to Quash for Comity Purposes

In the flurry of deal-making that resulted in a 2,232-page funding bill released Wednesday, lawmakers negotiated the inclusion of “The Clarifying Lawful Overseas Use of Data Act” (often referred to as the “CLOUD Act”) (see page…more
 /  Communications & Media Law, Criminal Law, Elections & Politics, International Law & Trade, Science, Computers, & Technology

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”), surrounding…more
 /  Communications & Media Law, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be Infringement

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would not…more
 /  Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

CFAA “Unauthorized Access” Web Scraping Claim against Ticket Broker Dismissed Because Revocation of Access Not Expressed in Cease and Desist Letter

A California district court issued an important opinion in a dispute between a ticket sales platform and a ticket broker that employed automated bots to purchase tickets in bulk. (Ticketmaster L.L.C. v. Prestige Entertainment,…more
 /  Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Will Facebook’s Recent Announcement of Changes to News Feed Affect Legal Immunities for User Content?

Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a…more
 /  Commercial Law & Contracts, Communications & Media Law, Privacy, Science, Computers, & Technology

Ninth Circuit Issues Important Decision on Software Licensing Practices and Web Scraping

Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider. The case is particularly important as it addresses the common practice of…more
 /  Civil Procedure, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Canadian Court Asserts Jurisdiction over Craigslist Based on Cloud-Based Virtual Presence in Canada

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
 /  Civil Procedure, Communications & Media Law, Criminal Law, Electronic Discovery, International Law & Trade

Google Extends Commitments with the FTC over Crawling of Third-Party Content for Use in Own “Vertical” Sites

In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Privacy, Science, Computers, & Technology

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the Illinois…more
 /  Commercial Law & Contracts, Communications & Media Law, Privacy, Science, Computers, & Technology

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek Legal Remedies

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s…more
 /  Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology
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