The Covid-19 pandemic has spawned a number of novel technologies aimed at suppressing the spread of the coronavirus. In China, for example, the most popular messaging and payment apps contain technology that requires a user...more
6/16/2020
/ Best Practices ,
Consent ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Health and Safety ,
Mobile Apps ,
Personally Identifiable Information ,
Privacy Policy ,
Sick Employees ,
Workplace Safety
The Patent Act allows anyone to try to initiate an inter partes review (IPR), which is a proceeding before the Patent Trial and Appeal Board (PTAB) challenging one or more claims of a patent. Any such challenge may be based...more
4/21/2020
/ Appeals ,
Denial of Institution ,
Inter Partes Review (IPR) Proceeding ,
Patent Act ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Precedential Opinion ,
Printed Publications ,
Prior Art ,
Section 325(d)
The federal government’s ability to compel manufacture of supplies under the Defense Production Act has lately been in the news. Indeed, President Trump has issued an Executive Order authorizing the Secretary of Health and...more
The California Consumer Protection Act (CCPA) is scheduled to take effect on January 1, 2020. In recent days:
- The Governor of California signed into law seven CCPA amendments,
- The California Attorney General...more
11/1/2019
/ Amended Rules ,
Anti-Retaliation Provisions ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Consumer Privacy Rights ,
Data Collection ,
Data Sellers ,
Data-Sharing ,
General Data Protection Regulation (GDPR) ,
Incentives ,
Personally Identifiable Information ,
Preemption ,
Privacy Laws ,
Risk Assessment ,
Risk Mitigation ,
Verification Requirements
The Federal Trade Commission announced its settlement with Facebook on the same day that Robert Mueller testified before the House Judiciary Committee. While this may have been calculated to take Facebook off the front page,...more
9/6/2019
/ App Developers ,
Articles of Incorporation ,
Cambridge Analytica ,
Chief Privacy Officer ,
Civil Monetary Penalty ,
Compliance ,
Consumer Privacy Rights ,
Data Mining ,
Data Privacy ,
Election Interference ,
Encryption ,
Enforcement Actions ,
Facebook ,
Facebook Friends ,
Federal Trade Commission (FTC) ,
Independent Directors ,
Mark Zuckerberg ,
Misleading Impressions ,
Multi-Factor Authentication ,
Personally Identifiable Information ,
Privacy Committee ,
Privacy Policy ,
Russia ,
Settlement ,
Subsequent Litigation ,
Third-Party ,
Unfair or Deceptive Trade Practices
James Grago has a nice business going. He runs a website called ClixSense.com that permits users to earn money by completing surveys and watching advertisements. Revenues grew from $6.7 million in 2015 to $9.1 million in...more
8/30/2019
/ Best Practices ,
Compliance ,
Consent Order ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Encryption ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Risk Mitigation ,
Security Risk Assessments ,
Sole Proprietorship ,
Unfair or Deceptive Trade Practices ,
Website Owner Liability ,
Websites
The California Consumer Privacy Act (CCPA), which we discussed last year, goes into effect on January 1, 2020. Its record-keeping requirements become effective on July 1, 2019. If your small- or medium-size business is based...more
5/29/2019
/ California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
Class Action ,
Consumer Privacy Rights ,
Covered Entities ,
Damages ,
Data Breach ,
Data Brokers ,
Data Collection ,
Data Privacy ,
General Data Protection Regulation (GDPR) ,
Mobile Apps ,
Opt-Outs ,
Out-of-State Companies ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Right to Delete ,
State Attorneys General ,
Websites
One key aspect of the EU’s General Data Protection Regulation (GDPR) is its aim of streamlining the regulatory process by providing “one-stop shopping”: the opportunity to deal with a single regulator with respect to all data...more
4/17/2019
/ Appeals ,
CNIL ,
Consent ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
France ,
General Data Protection Regulation (GDPR) ,
Google ,
Ireland ,
One-Stop Shop ,
Popular ,
Privacy Laws ,
Privacy Policy ,
Statutory Violations
A purchaser of an article of commerce expects to be able to freely sell it regardless of any intellectual property rights that it may embody.
The resale of digital files, however, runs into a special barrier that ReDigi...more
2/20/2019
/ Appeals ,
Copyright ,
Copyright Infringement ,
Digital Downloads ,
Digital Goods ,
Fair Use ,
First Sale Doctrine ,
Intellectual Property Protection ,
Music ,
Music Industry ,
ReDigi Inc ,
The Copyright Act
California has long led the nation in its disdain for noncompetition agreements. Pressed by venture capitalists who believe that this gives California an advantage over other states, the Massachusetts legislature has finally...more
9/20/2018
/ Breach of Duty ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Fiduciary Duty ,
Forfeiture ,
Garden Leave ,
Misappropriation ,
New Legislation ,
Non-Compete Agreements ,
Scope and Duration of Restrictive Covenant ,
State Labor Laws ,
Stock Options ,
Trade Secrets
On June 28, the Governor of California signed the California Consumer Privacy Act of 2018. The Act becomes effective on January 1, 2020. It includes some of the novel aspects of the EU’s General Data Privacy Regulation...more
8/10/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Rights ,
Disclosure Requirements ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete