On February 26, the Federal Circuit issued its opinion in the battle between Freshub, Inc. and Amazon.com, Inc. regarding the Alexa device. The case came down to a distinction between an “item” and a “word,” which was hotly...more
Is “milk” an item, or just a word? This question, among others, is set to be answered on January 12, 2024, as Freshub Inc. (Freshub) and Amazon.com, Inc. (Amazon) argue before the Federal Circuit (Nos. 22-1391, 2022-1425). ...more
On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more
Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more
In this fraught and fractured time, wouldn’t we benefit from some humanizing assurance? Rather than the tinny machine-generated sounds we absorb from our technology, or the universal impersonal voices chosen by Google,...more
By Memorandum Opinion entered by the Honorable Richard G. Andrews in IPA Technologies, Inc. v. Amazon.com, Inc. et al., Civil Action No. 16-1266-RGA (D.Del. October 28, 2021), the Court granted Amazon’s Motion for Summary...more
Virtual assistants such as Amazon’s Alexa, Facebook’s Portal, Google’s Nest Hub, and countless others continue growing in popularity as families navigate safely remaining connected with their loved ones receiving long-term...more
In mass torts, trial teams deal with large amounts of medical records - it’s par for the course, but these days they are more likely dealing with some form of electronic health records (EHRs). EHRs are basically the medical...more
We always suspected that the Amazon Echo resting quietly in your family room was more insidious than it seemed. Now we have confirmation. We know that the Echo can hear us. We also know that it records private conversations...more
On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar...more
Researchers from the University of Washington have developed a system that uses smart speakers and machine learning algorithms to monitor heartbeats without the need for physical contact. The system was described in a study...more
As evidenced by our list of stories below, it was a relatively quiet week for online travel....more
With the new year upon us, we reflect on the many challenges and lessons of 2020. This week’s Insider offers a collection of the most read posts of 2020. ...more
My team and I regularly carry out Data Protection Impact Assessments (DPIAs) according to Art. 35 GDPR with regard to the deployment of Voice Assistants for private and public bodies in Germany. This article shows my...more
CYBERSECURITY - U.S. Organizations Doing Business in China Warned of Malware in Tax Software - The Federal Bureau of Investigations (FBI) and the Cybersecurity and Infrastructure Security Agency (CISA) have issued a joint...more
I continue to be quite surprised at the lack of understanding that people have about personal assistants such as Alexa and Echo. It seems logical to me that when you yell out “Alexa, turn on the lights!”...more
FBI Issues Warning of Increased BEC During COVID-19 Pandemic - On April 6, 2020, the Federal Bureau of Investigation (FBI) issued a warning to companies to be aware of an increase in business email compromises (BEC)...more
The transition from work-from-the-office to work-from-home has been rapid during the pandemic. All of a sudden, millions of workers are working from home, while data security personnel were not able to plan and operationalize...more
Confidentiality is fundamental to the client-lawyer relationship. Are you talking to your lawyer within earshot of a family member or a third person? Are you talking to your lawyer within earshot of a listening device?...more
In the past several years, the Consumer Electronics Show (CES) in Vegas has become a hot ticket to see futuristic cars and automotive technology. This year is no exception, where the automotive industry claimed nearly half of...more
Is your political compliance program ready for the 2020 election season? With the 2020 election season underway, now is a good time to make certain your internal policies and procedures address applicable campaign...more
This week’s OTA & Travel Distribution Update features a number of stories on recent changes at Google with regard to the way in which it displays vacation rentals and the market’s response to those changes. Enjoy....more
California AG Releases Proposed CCPA Regulations This week, California Attorney General (AG) Xavier Becerra released the draft regulations for the California Consumer Privacy Act (CCPA). The rules set forth procedures for...more
Welcome to a three-part series that provides an overview of the California Invasion of Privacy Act (CIPA), examines recent CIPA litigation involving smart speakers, and proposes defenses in response to an alleged violation....more
A recent decision from the Northern District of New York provides a detailed outline for analyzing venue in patent infringement cases, and may provide facts that companies with equipment installed in other districts should...more