As mentioned in our recent blog post, the National Collegiate Athletic Association (NCAA) had been steadfast in its opposition to California’s recently enacted Senate Bill 206, known nationally as the “Fair Pay to Play Act,”...more
The EU Commission issued its report on the third annual review of the functioning of the EU-US Privacy Shield (Privacy Shield) on October 23. The annual review and corresponding report is required of the Commission by the its...more
The Outsourcing Accountability Act of 2019, which was introduced in July and would effectively require some public companies to report their outsourcing of jobs, passed the US House of Peoples Representatives on October 18....more
A recent ruling by the Court of Justice of the European Union (CJEU) established that companies seeking to store “cookies” that are used to track online browsing behavior must obtain “active consent.” The ruling is likely to...more
California has become the first state to allow collegiate student athletes to benefit financially from the use of their name and likeness and to enter into licensing contracts by recently passing Senate Bill 206, a bill known...more
Companies who use app-based technology platforms to connect consumers directly with service providers have faced an important question of whether the individuals providing the services are contractors or employees. California...more
A recent Delaware court ruling found an agreement to be unenforceable despite being executed by each of the parties via “orphan” signature pages because there was insufficient evidence that the parties had a meeting of the...more
More than 1,000 Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2,002 approvals have been granted by the US Department of Homeland Security (DHS) since the act’s inception. Many professional...more
New York has increased its effort to enforce cybersecurity by creating a new unit designed to combat cybercrime and protect individuals’ sensitive data from attacks....more
In 2018, the esports industry experienced remarkable growth. Poised to become the next multibillion-dollar industry, the esports industry has become a part of mainstream sports. For example, the League of Legends World...more
In Part 1, we discussed how, despite widespread usage, termination in the event of bankruptcy clauses (“ipso facto” clauses) are generally unenforceable pursuant to the bankruptcy code. In this second part, we discuss why...more
Practically all commercial transactions, including licenses, services agreements, and supply agreements, contain a provision that triggers termination rights, without notice, to a party whenever the other party files for...more
Robotic process automation (RPA) is here and companies at the forefront of the adoption of this technology are reaping a variety of benefits....more
With the Federal Communication Commission’s decision to repeal net neutrality regulations, companies are attempting to forecast how the new landscape will affect their business operations. This has put general counsels (GCs)...more
In Part 1 of this two-part series, we discussed issues related to the defense and indemnification aspects of intellectual property indemnification. In this second part, we will review the exceptions, remedies, and liability...more
With the increasing use of cloud and mobile platforms, software developers commonly use “containers” to house applications that can run in these multiple environments. The container holds all the components necessary for...more
As a follow-up to last month’s posts regarding contract provisions impacting intellectual property ownership, in this month’s Contract Corner we review issues regarding intellectual property indemnification, a provision in...more
Alphabet Inc.’s Google has taken advantage of the European Union's General Data Protection Regulation (GDPR) to gain a larger share of digital marketing spending in Europe. On the first day that the GDPR took effect,...more
Whether due to an upcoming contract expiration, change in leadership, decline in service quality, regulatory issues, or any of the other many events that occur during an outsourcing engagement, invariably, the original...more
With the incorporation of multiple security products defending against increasingly complex attacks, cybersecurity teams can be overwhelmed with a deluge of threat alerts that make it challenging to adequately handle with the...more
Based on the flood of updated privacy policies that have inundated email boxes throughout the world, it is clear that the European Union's General Data Protection Regulation (GDPR) is now in full effect. The EU's new European...more