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Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Morrison & Foerster LLP

Top 5 SEC Enforcement Developments for July 2024

Each month, we publish a roundup of the most important SEC enforcement developments for busy in-house lawyers and compliance professionals. This month, we examine: •Judge Paul Engelmayer’s decision on defendants’ motion to...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

White & Case LLP

Cutting Through Complexity: a Key Ruling for Online Platforms in Europe

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A series of recent rulings from the Court of Justice of the European Union ("CJEU") has reaffirmed the country of origin principle set forth in the e-Commerce Directive ("ECD")—which provides that, except in limited...more

Ballard Spahr LLP

The Iliad Flows: Federal Judge Allows FTC “Dark Patterns” Suit Against Amazon to Proceed

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In a lengthy ruling, a Seattle federal judge has allowed the Federal Trade Commission (FTC) to proceed with its groundbreaking case alleging that Amazon’s Prime online subscription marketing tactics constituted deceptive...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Provisional Deal Reached on the EU Platform Work Directive, With Changes on Worker Classification Test, Stricter AI Rules

European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more

Orrick, Herrington & Sutcliffe LLP

The Digital Services Act Takes Full Effect: 5 Takeaways for Businesses

The European Commission’s Digital Services Act (DSA) came into effect for very large online platforms and very large online search engines last year and became fully applicable on Saturday 17 February 2024. As online service...more

Polsinelli

AI is Fueling a Major Contract Dispute in the Music Industry: Why it Matters for Your Business

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Whether or not you are a TikTok user, you have likely heard about how the platform allows creators to combine music clips with original content to create viral videos. The ability for users to leverage an extensive music...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Wilson Sonsini Goodrich & Rosati

Flagship Online Safety Bill Moves Closer to Enactment in the UK: Who Will Be in Scope and What Will It Require?

The Online Safety Bill (OSB or Bill) passed its final reading in the UK’s Parliament in September 2023. The Bill will become law in the coming weeks, ushering in a new era for the regulation of digital services in the UK....more

Morrison & Foerster LLP

Top 5 SEC Developments for August 2023

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. This...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

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On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

McDermott Will & Emery

Congress Cracks Down on Sales of Stolen and Counterfeit Goods

The requirements of the INFORM Consumers Act went into effect on June 27, 2023. The following includes need-to-know information for sellers, businesses that serve as an online platform for third-party sellers and customers...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court’s Take on Section 230: What it Means for Online Platforms – and What’s Next

The U.S. Supreme Court decided two cases recently that left untouched Section 230 of the Communications Decency Act, which provides online platforms immunity from claims based on content that their users create and share on...more

Hogan Lovells

China’s New Internet Advertising Measures to Take Effect on 1 May 2023

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China’s State Administration for Market Regulation recently published the Measures for the Administration of Internet Advertising (“Measures”), which will take effect on 1 May 2023. The Measures, containing a number of...more

Morgan Lewis

New Measures for Online Advertising in China: What You Need to Know

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China's State Administration for Market Regulation (SAMR) recently issued the Measures for the Administration of Internet Advertising (New Measures), which will take effect on May 1, 2023, and replace the Interim Measures for...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Decision in Live Nation and Ticketmaster’s Favor Highlights Subtleties of Drafting Enforceable Arbitration...

In Oberstein v. Live Nation Ent. Inc. No. 21-56200 (9th Cir. Feb. 13, 2023), the Ninth Circuit addressed the question of whether the arbitration and class action waiver clauses on Ticketmaster’s and Live Nation’s websites...more

Troutman Pepper

Etsy Targeted Over Sale of Counterfeit Products

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U.S.-based international trade group Cashmere and Camel Hair Manufacturers Institute (CCMI) recently filed a lawsuit against global online marketplace Etsy, Inc. in U.S. District Court for the District of Massachusetts for...more

Balch & Bingham LLP

State Legislatures Tackle Children’s Online Privacy, Continue to Introduce Comprehensive Consumer Privacy Bills

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As the FTC signals an intention of cracking down on children’s privacy, and as several comprehensive consumer privacy laws take effect in 2023 (with more on the way in legislatures across the country), some states have chosen...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - January 2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Dorsey & Whitney LLP

Policing the Digital Space - New Rules Require Platforms to Take Responsibility for Users’ Content

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Since the emergence of the Internet, under current European Union rules, services that host user-generated or user-contributed content have enjoyed legal immunity from liability, provided they take down unlawful content once...more

Jackson Lewis P.C.

Online Public Records Aggregators Not Protected from FCRA Suit by Section 230

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In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Payment Platform as the Crack Down on Dark Patterns Continues

On October 18, 2022, the CFPB sued a software company that manages online payment platforms claiming that it utilized unlawful enrollment practices to cause unknowing consumers to automatically enroll in annual...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - October 2022

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To help organisations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Perkins Coie

The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

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Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law’s entry into force later this year. The DSA builds on the Electronic Commerce...more

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