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 York
Other Countries
  • Brazil
  • China
  • France
  • Hong Kong
  • United Kingdom

California Enacts Additional Generative AI Bills Touching on Training Data and Healthcare Decisions

After several weeks of handwringing about the fate of SB 1047 – the controversial AI safety bill that would have required developers of powerful AI models and entities providing the computing resources to train such models to…more
 /  Privacy, Health, Science, Computers, & Technology

California Enacts Generative AI Law Addressing “Digital Replicas” of Performers

On September 17, 2024, Governor Gavin Newsom signed AB 2602 into California law (to be codified at Cal. Lab. Code §927). The law addresses the use of “digital replicas” of performers. As defined in the law, a digital replica…more
 /  Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property, Labor & Employment Law, Science, Computers, & Technology

Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct…more
 /  Civil Procedure, Business Torts, Intellectual Property, Science, Computers, & Technology

Colorado Expands “Right-to-Repair” Law

On May 28, 2024, Colorado Governor Jared Polis signed into law the “Consumer Right to Repair Digital Electronic Equipment” bill (HB24-1121). The legislation expands the state’s 2023 right to repair law, which currently applies…more
 /  Consumer Protection, Science, Computers, & Technology

A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law

Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the…more
 /  Communications & Media Law, Science, Computers, & Technology

The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers “new,…more
 /  Civil Procedure, Intellectual Property, Privacy, Science, Computers, & Technology

California Court Issues Another Noteworthy Decision Dismissing Breach of Contract and Tort Claims in Web Scraping Dispute

On May 9, 2024, a California district court dismissed, with leave to amend, the complaint brought by social media platform X Corp. (formerly Twitter) against data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s…more
 /  Business Torts, Communications & Media Law, Intellectual Property

Agentic Artificial Intelligence: Looking Ahead to Potential Practical and Legal Issues When AI Gets Autonomous

Generative AI has been most synonymous in the public mind with “AI” since the commercial breakout of ChatGPT in November 2022. Consumers and businesses have seen the fruits of impressive innovation in various generative models’…more
 /  Commercial Law & Contracts, Science, Computers, & Technology

Data At Issue: FTC Focus on Browsing Information and Location Data

Since the start of the year, the Federal Trade Commission (FTC) has brought actions against – and reached proposed settlements with – three business ventures engaged in the collection, use and sharing of certain consumer…more
 /  Consumer Protection, Privacy, Science, Computers, & Technology

Web Publisher Seeks Injunctive Relief to Address Web Scraper’s Domain Name Maneuvers Intended to Avoid Court Order

Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view Chegg’s…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

California Court Issues Noteworthy Decision on Breach of Contract Claims in Web Scraping Dispute

On January 23, 2024, a California district court released its opinion in a closely-watched scraping dispute between the social media platform Meta and data provider Bright Data Ltd. (“Bright Data”) over Bright Data’s alleged…more
 /  Civil Procedure, Science, Computers, & Technology

Targeting Small and Medium Size d Businesses, OpenAI Announces New ChatGPT Team “Game Changer” Licensing Structure

Last week, OpenAI rolled out ChatGPT Team, a flexible subscription structure for small-to-medium sized businesses (with two or more users) that are not large enough to warrant the expense of a ChatGPT Enterprise subscription…more
 /  Business Organizations, Science, Computers, & Technology

Anthropic Joins the Party, Offers Copyright Shield to Enterprise AI Customers

On December 19, 2023, AI research company Anthropic announced that it had updated and made publicly available its Commercial Terms of Service (effective Jan 1, 2024) to, among other things, indemnify its enterprise Claude API…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Another Web Scraping Dispute Focused on Travel Data

In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time by…more
 /  Science, Computers, & Technology

OpenAI’s “Copyright Shield” Broadens User IP Indemnities for AI-created Content

In a previous post, we highlighted three key items to look out for when assessing the terms and conditions of generative artificial intelligence (“GAI”) tools: training rights, use restrictions and responsibility for outputs…more
 /  Intellectual Property
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