Author Info for Pillsbury - Internet & Social Media Law Blog

Alex Anderson

Ohio Joins Georgia in Prohibiting NCAA from Taking NIL-Related “Adverse Action”

We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia, prohibited… more

College Athletes, Colleges, Compensation, Educational Institutions, Executive Orders

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Shruti Bhutani Arora

New Report Latest to Cast Uncertainty over EU-U.S. Data Privacy Framework

A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest installment to cast concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely… more

Data Privacy, Data Protection, Data Transfers, EU, EU-US Privacy Shield

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Stephen Asay

Some Firings Based on Social Media Use May Be Okay

In early November, an administrative law judge of the National Labor Relations Board dismissed a complaint filed against an employer, finding that the employer did not violate the National Labor Relations Act by withdrawing… more

Employer Liability Issues, NLRA, Social Media, Termination

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John Barton

Banks, Payments and Fintech—Staying Nimble and Customer-Focused during a Pandemic

Recently, Pillsbury’s Deborah Thoren-Peden sat down with a panel of experts that included Millicent Calinog Tracey (former Wells Fargo SVP), Samantha Ettus (founder and CEO of Park Place Payments) and Pillsbury partner John… more

Banks, Coronavirus/COVID-19, FinTech, Merchants, Online Payments

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Jack Barufka

Web Scraping Watch: Cases Set to Clarify Application of the Computer Fraud and Abuse Act

For years, website owners have leveraged the federal Computer Fraud & Abuse Act (CFAA) as a tool to combat unauthorized scraping of data and other content from their websites. Due to a circuit court split on the interpretation… more

Cease and Desist, Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Data Collection, Web Scraping

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Callie Bjurstrom

Supreme Court Confirms Copyright Damages Can Extend Beyond Three-Year Statute of Limitations

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

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Mark Booth

The EU Accessibility Act – Impact on Those Doing Business in the EU

The European Accessibility Act (“EAA”) (Directive (EU) 2019/882) introduces new accessibility requirements that will apply to a wide range of products and services when they are accessible in the EU, aiming to enhance access for… more

Accessibility Rules, Consumer Protection Laws, Digital Services, E-Commerce, EU

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Daniel Budofsky

“Imparted Urgency” for Digital Currencies and the Death Rattle of SAFTs and ICOs

On the newest episode of Industry Insights podcast, host Joel Simon and Daniel Budofsky discussed digital securities and virtual currencies. Joel Simon: While the world has been busy battling COVID-19, it has been making… more

Bitcoin, Cryptocurrency, Digital Currency, Initial Coin Offering (ICOs), Simple Agreement for Future Tokens (SAFT)

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Andrew Caplan

Why Your Organization Should Be Thinking About Quantum Computing and the Future of Encryption

Quantum computing (QC) is poised to disrupt cybersecurity in ways that business leaders and legal professionals cannot afford to ignore. But what exactly is quantum computing, why does it pose such a significant threat to… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Encryption

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Edward Cavazos

Taylor’s Version: A “Mastermind” in IP Ownership

After years of contractual entanglements, public disputes and strategic reinvention, Taylor Swift has achieved something few global recording artists have: She now owns the master recordings of her entire musical catalog… more

Acquisitions, Artists, Breach of Contract, Contract Disputes, Contract Terms

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Brooke Daniels

The Importance of Opting In: Pitfalls of AI Enablement Without Client Buy-In

Imagine you’re an associate at a consulting firm. You’re surprised to see a new “AI Assist” button appear in your email application one morning. Without any training or guidance from your firm’s IT department, you decide to try… more

Algorithms, Artificial Intelligence, Compliance, Data Privacy, Data Protection

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Craig de Ridder

The Merge: Ethereum’s Long-Awaited Overhaul May Be Imminent

Ethereum, the second largest blockchain-based platform by market cap, is tentatively scheduled to convert its consensus mechanism from proof-of-work (PoW), which incentivizes miners to solve mathematical puzzles to update the… more

Blockchain, Cryptocurrency, Digital Assets, Virtual Currency

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Emily Erlingsson

Strange Bedfellows on the Campaign Trail: The Tension between Music, Copyright and Political Licensing Agreements

Moments before former President Donald Trump took to the stage at a Montana rally this August, Celine Dion’s 1997 hit, “My Heart Will Go On,” blasted over the speakers while a clip appeared onscreen. It took less than 24 hours… more

Copyright, Fair Use, Intellectual Property Protection, License Agreements, Music Industry

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Steven Farmer

The EU Accessibility Act – Impact on Those Doing Business in the EU

The European Accessibility Act (“EAA”) (Directive (EU) 2019/882) introduces new accessibility requirements that will apply to a wide range of products and services when they are accessible in the EU, aiming to enhance access for… more

Accessibility Rules, Consumer Protection Laws, Digital Services, E-Commerce, EU

See all updates »

Brian Finch

Power Grids and Points of Vulnerability: Keeping the Lights on Amid Cybersecurity Concerns

Although that new smart refrigerator might seem like a fun gadget and great way to sync up grocery lists, smart appliances have the potential to become vectors in malicious power grid attacks. Or what about the increasingly… more

Cyber Attacks, Cyber Threats, Cybersecurity, Energy Sector, Popular

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Lauren Lynch Flick

FCC Expands Reach of Telephone Consumer Protection Act

In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act. The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order… more

ATDS, Compliance, FCC, Prior Express Consent, Robocalling

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Matthew Grillo

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to… more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Intellectual Property Protection

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Michael Grosso

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related… more

Anti-Competitive, Artificial Intelligence, Competition, Confidential Information, Data Privacy

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Peter Hahn

Casinos Go Virtual

In late February 2013 the New Jersey Legislature passed legislation allowing on-line wagering, subject to certain limitations. This legislation was signed into law by Governor Chris Christie. Under the new law, licensed… more

Casinos, Chris Christie, Licenses, Online Gaming

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Aya Hatori

A New Dawn for Copyright in AI-Generated Works?

On February 21, 2023, the Copyright Office eclipsed its prior decisions in the area of AI authorship when it partially cancelled Kristina Kashtanova’s registration for a comic book titled Zarya of the Dawn. In doing so, the… more

Artificial Intelligence, Copyright, Copyright Office, Corporate Counsel, Machine Learning

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Michelle Herrera

Court Docket Trumps COVID-19 Concerns, at Least in One Court

Think COVID-19 constitutes good cause to extend imminent court deadlines? Don’t be so sure. Last Thursday, the Hon. Rodney Gilstrap, Chief Judge in the Eastern District of Texas, denied a joint motion to extend discovery cut-off… more

Coronavirus/COVID-19, Infectious Diseases, Patent Infringement, Patent Litigation

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Michael Heuga

Transferring Customer Data in an Asset Sale

In today’s world, consumer data is a huge asset for companies across all industries, in particular those in technology-focused spaces like social media, apps, wearables, and retailers involved in e-commerce. The value of such… more

Chapter 11, Commercial Bankruptcy, Confidential Information, Data Privacy, Data Protection

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Michael Horikawa

Amazon’s Internet Satellites, a Quantum Computing Super Hub and the Struggle for Discrimination-Free AI

In this week’s News of Note, Amazon continues its competition with Starlink by launching another batch of internet satellites, WhatsApp receives a ban by congressional staffers and “the ChatGPT of quantum computing” launches in… more

Artificial Intelligence, Competition, Government Agencies, Innovative Technology, Investment

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Aaron Hutman

Department of Treasury Study Addresses NFTs, Online Platforms and the Emerging Digital Art Space

Last week, the U.S. Department of the Treasury released a report entitled “Study of the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art” that discussed risks in the art sales ecosystem,… more

Anti-Terrorism Financing, Artists, BSA/AML, Digital Assets, Financial Action Task Force

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Sam Iverson

Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the Supreme… more

Consumer Confusion, Dilution, Intellectual Property Litigation, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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Robert James

Old School Meets New School: Critical Minerals Used in Quantum Computing

It is not every day that the rough-and-tumble “giga” world of mining and mineral refining interacts with the rarefied and metaphysical “nano” realm of quantum physics. The lawyers at Pillsbury and other law firms engaged in each… more

Technology Sector

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Jon Jekel

Supreme Court Confirms Copyright Damages Can Extend Beyond Three-Year Statute of Limitations

In a landmark decision, the U.S. Supreme Court confirmed that “[t]he Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred.” See Warner… more

Copyright, Copyright Infringement, Copyright Litigation, Damages, Intellectual Property Litigation

See all updates »

Julia Judish

Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting… more

Employment Policies, NLRA, Popular, Privacy Policy, Right to Privacy

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Riaz Karamali

NFTs, Web 3.0 and the Technologies Enabling the Metaverse

Riaz Karamali recently joined host Joel Simon on the Industry Insights podcast to discuss the issues and innovations driving the video game industry, including the emergence of the Metaverse and how non-fungible tokens,… more

Blockchain, Cryptoassets, Digital Assets, Non-Fungible Tokens (NFTs), Popular

See all updates »

Johanna Lipponen

eIDAS 2.0: Paving the Way for a Unified Digital Identity Framework in Europe

Electronic identification and trust services (eIDAS) refer to a range of services that include verifying the identity of individuals and businesses online and verifying the authenticity of electronic documents. Since 2014, such… more

Authentication and Trust Services Regulation (eIDAS), Digital Wallets, E-Signatures, Electronic Identification, Electronically Stored Information

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Ric Macchiaroli

No Exceptions for AI: The FTC Hosts a Tech Summit to Discuss the Impacts of AI on Consumers and Competition

On January 25, 2024, the Federal Trade Commission (FTC) hosted a summit focused on the impact of artificial intelligence (AI) on consumers and competition in the technology sector. Comprising three panel discussions and related… more

Anti-Competitive, Artificial Intelligence, Competition, Confidential Information, Data Privacy

See all updates »

Jillian Marullo

Taylor’s Version: A “Mastermind” in IP Ownership

After years of contractual entanglements, public disputes and strategic reinvention, Taylor Swift has achieved something few global recording artists have: She now owns the master recordings of her entire musical catalog… more

Acquisitions, Artists, Breach of Contract, Contract Disputes, Contract Terms

See all updates »

Christine Mastromonaco

Consumer Protection Dispatch: The Latest Developments in the World of Consumer Protection

(The Consumer Protection Dispatch summarizes industry news and updates on emerging issues involving a variety of consumer protection issues including, but not limited to, data and AI.)… more

Algorithms, Artificial Intelligence, Bias, Consumer Privacy Rights, Data Privacy

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Alicia McKnight

Power Grids and Points of Vulnerability: Keeping the Lights on Amid Cybersecurity Concerns

Although that new smart refrigerator might seem like a fun gadget and great way to sync up grocery lists, smart appliances have the potential to become vectors in malicious power grid attacks. Or what about the increasingly… more

Cyber Attacks, Cyber Threats, Cybersecurity, Energy Sector, Popular

See all updates »

Catherine Meyer

CCPA Compliance Concerns for Employers as California Employees Return to the Workplace

As California reopens from the COVID-19 pandemic and workers begin returning to work in-person, many employers have begun requesting their employees provide, sometimes on an ongoing basis, certain health information before… more

California Consumer Privacy Act (CCPA), Compliance, Consumer Privacy Rights, Data Privacy, Employees

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Jake Mitchell

Ohio Joins Georgia in Prohibiting NCAA from Taking NIL-Related “Adverse Action”

We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia, prohibited… more

College Athletes, Colleges, Compensation, Educational Institutions, Executive Orders

See all updates »

Brian Montgomery

U.S. Department of the Treasury Confronts the Risks to the Financial Sector Associated with Cloud Computing

On February 8, 2023, the U.S. Department of the Treasury released a report citing its “findings on the current state of cloud adoption in the sector, including potential benefits and challenges associated with increased… more

Cloud Computing, Cloud Service Providers (CSPs), Cybersecurity, Financial Institutions, Financial Services Industry

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Scott Morton

The EU Accessibility Act – Impact on Those Doing Business in the EU

The European Accessibility Act (“EAA”) (Directive (EU) 2019/882) introduces new accessibility requirements that will apply to a wide range of products and services when they are accessible in the EU, aiming to enhance access for… more

Accessibility Rules, Consumer Protection Laws, Digital Services, E-Commerce, EU

See all updates »

Monica Parra

No Brain, No Gain: U.S. Patent Inventors Must Be Human

The U.S. Court of Appeals for the Federal Circuit has agreed with the U.S. Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents… more

Artificial Intelligence, Inventions, Inventors, Patents, USPTO

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Catherine Perez

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The… more

Copyright, Intellectual Property Protection, Preliminary Injunctions, Trademark Infringement, Trademark Litigation

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Tony Phillips

EU Reaches Agreement on New “AI Act”: The World’s First Comprehensive AI Law

The Council of the European Union and the European Parliament reached a provisional agreement on a new comprehensive regulation governing AI, known as the “AI Act,” late on Friday night (December 8, 2023). While the final agreed… more

Artificial Intelligence, Compliance, EU, European Commission, Innovative Technology

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Mia Rendar

Why Your Organization Should Be Thinking About Quantum Computing and the Future of Encryption

Quantum computing (QC) is poised to disrupt cybersecurity in ways that business leaders and legal professionals cannot afford to ignore. But what exactly is quantum computing, why does it pose such a significant threat to… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Encryption

See all updates »

Sam Reno

Why Your Organization Should Be Thinking About Quantum Computing and the Future of Encryption

Quantum computing (QC) is poised to disrupt cybersecurity in ways that business leaders and legal professionals cannot afford to ignore. But what exactly is quantum computing, why does it pose such a significant threat to… more

Cybersecurity, Data Privacy, Data Protection, Data Security, Encryption

See all updates »

Nathan Renov

After Jack Daniel’s, the Other Shoe Drops for MSCHF in Wavy Baby Trademark Case

On December 5, 2023, the U.S. Court of Appeals for the Second Circuit affirmed a temporary restraining order and preliminary injunction secured by skateboard apparel company Vans against, MSCHF, an infamous parodist company. The… more

Copyright, Intellectual Property Protection, Preliminary Injunctions, Trademark Infringement, Trademark Litigation

See all updates »

Shani Rivaux

Stand-Alone AI-Generated Content Is Not Copyrightable

On August 18, 2023, the U.S. District Court for the District of Columbia denied Dr. Stephen Thaler’s motion and granted the U.S. Copyright Office’s cross motion to dismiss Thaler’s complaint. The facts of Thaler’s struggle to… more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Intellectual Property Protection

See all updates »

Rebecca Carr Rizzo

"Solicitation" In the Era of Social Media Remains Unsettled

Last month, in KNF&T v. Muller (October 2013), the Massachusetts Superior Court found that a LinkedIn update regarding an employee's new job was not a solicitation of business in violation of her non-competition agreement, which… more

General Solicitation, Social Media

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Roger Roy Jr.

Enterprise Infrastructure Management Is Not a Part-Time Job

We recently completed a major renegotiation of a very large, longstanding infrastructure outsourcing contract. As is typical with renegotiations, there were areas of the contract that required changes and areas the client wanted… more

Computer-System Design/Software Services, Contract Negotiations, Negotiations, Software, Technology

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Lee Rubin

The Impact of AI Foundation Models on Competition, Consumers and Regulation: A View from the UK’s CMA

The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023)… more

Artificial Intelligence, Competition, Innovative Technology, Machine Learning, Risk Management

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Steve Ryan

Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas,… more

Copyright, Intellectual Property Protection, Patent Infringement, Patents, Risk Management

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Sandro Serra

Steal My Idea, I Dare You: The Power of Protecting Your Intellectual Property

In the cutthroat arena of business, where ideas spark revolutions, the protection of intellectual property (IP) is not just a legal formality—it’s a survival strategy. Imagine a world where your groundbreaking ideas,… more

Copyright, Intellectual Property Protection, Patent Infringement, Patents, Risk Management

See all updates »

Jeewon Serrato

New Report Latest to Cast Uncertainty over EU-U.S. Data Privacy Framework

A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest installment to cast concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely… more

Data Privacy, Data Protection, Data Transfers, EU, EU-US Privacy Shield

See all updates »

Joel Simon

NFTs, Web 3.0 and the Technologies Enabling the Metaverse

Riaz Karamali recently joined host Joel Simon on the Industry Insights podcast to discuss the issues and innovations driving the video game industry, including the emergence of the Metaverse and how non-fungible tokens,… more

Blockchain, Cryptoassets, Digital Assets, Non-Fungible Tokens (NFTs), Popular

See all updates »

Nicole Steinberg

Three Cybersecurity Measures a Business Should Take Amidst a Pandemic

An exponential increase in telework prompted by the COVID-19 pandemic has led to a parallel increase in cyberattacks, requiring companies to actively monitor cyber risks. On Pillsbury’s Industry Insights podcast series,… more

Cyber Threats, Cybersecurity, Data Protection, Data Security, Popular

See all updates »

William Sullivan Jr.

Ohio Joins Georgia in Prohibiting NCAA from Taking NIL-Related “Adverse Action”

We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia, prohibited… more

College Athletes, Colleges, Compensation, Educational Institutions, Executive Orders

See all updates »

Deborah Thoren-Peden

Banks, Payments and Fintech—Staying Nimble and Customer-Focused during a Pandemic

Recently, Pillsbury’s Deborah Thoren-Peden sat down with a panel of experts that included Millicent Calinog Tracey (former Wells Fargo SVP), Samantha Ettus (founder and CEO of Park Place Payments) and Pillsbury partner John… more

Banks, Coronavirus/COVID-19, FinTech, Merchants, Online Payments

See all updates »

Gabby Torres

New Report Latest to Cast Uncertainty over EU-U.S. Data Privacy Framework

A new report issued in May 2024 by the Centre for European Policy Studies (CEPS), an independent thinktank, is the latest installment to cast concerns over the EU-U.S. Data Privacy Framework (DPF), predicting that it will likely… more

Data Privacy, Data Protection, Data Transfers, EU, EU-US Privacy Shield

See all updates »

Carolyn Toto

Amazon’s Internet Satellites, a Quantum Computing Super Hub and the Struggle for Discrimination-Free AI

In this week’s News of Note, Amazon continues its competition with Starlink by launching another batch of internet satellites, WhatsApp receives a ban by congressional staffers and “the ChatGPT of quantum computing” launches in… more

Artificial Intelligence, Competition, Government Agencies, Innovative Technology, Investment

See all updates »

Josh Tucker

Crafting Blockchain Claims to Avoid Enforcement Pitfalls and Maximize Potential Damages

As we approach 2020, distributed ledger technologies (DLT) appear likely to have a far-reaching, comprehensive impact on our global economy. But core components of that economy—intellectual property rights in particular—sit in… more

Blockchain, Distributed Ledger Technology (DLT), Intellectual Property Protection, Patent Infringement, Patents

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Robert Wallan

Of Platforms and Permissions: Legislation Seeks to Simplify the Menu in Regard to Restaurants and Food Delivery Services

Many restaurants that do not like food delivery platforms delivering their food will have their concerns addressed by a new California law enacted on September 24, 2020. AB-2149, known as the Fair Food Delivery Act of 2020,… more

California, Delivery Drivers, Fast-Food Industry, Online Platforms, Restaurant Industry

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Nalani Wilson

Bad Spaniels III: The Paradox of Parody in Trademark Cases Ex-Rogers

After a decade of litigation and a pivotal Supreme Court ruling from 2023, the legal battle between Jack Daniel’s and VIP Products has taken yet another turn, this time back in favor of Jack Daniel’s. On remand from the Supreme… more

Consumer Confusion, Dilution, Intellectual Property Litigation, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

See all updates »

Daniel Wood

Disclosure, Complaints and Process: Texas H.B. 20 and Similar Bills Contain Provisions That Go Beyond Content Regulation

In what is either one of the more ironic acts in a year full of irony or one of the more expressive power moves of the Texas legislative session, Gov. Greg Abbott announced on one social media platform that people can watch a… more

First Amendment, Online Platforms, Social Media, Social Networks, Texas

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David Wright

The Merge: Ethereum’s Long-Awaited Overhaul May Be Imminent

Ethereum, the second largest blockchain-based platform by market cap, is tentatively scheduled to convert its consensus mechanism from proof-of-work (PoW), which incentivizes miners to solve mathematical puzzles to update the… more

Blockchain, Cryptocurrency, Digital Assets, Virtual Currency

See all updates »

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