Well, California is at it again. Less than one year after the California Consumer Privacy Act (“CCPA”) took effect, the people of California voted to approve Proposition 24 (aka the California Privacy Rights Act, the “CPRA”)...more
12/11/2020
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cloud Storage ,
Consent ,
Consumer Privacy Rights ,
Data Privacy ,
Do Not Sell ,
Email ,
General Data Protection Regulation (GDPR) ,
Internet Service Providers (ISPs) ,
Opt-Outs ,
Sensitive Personal Information ,
Written Agreements
The Court of Justice of the European Union (CJEU, the EU’s highest court) has delivered its long-awaited decision in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (commonly referred to as Schrems...more
At long last, after several drafts, the Office of the Attorney General of California submitted the final draft of its regulations regarding the California Consumer Privacy Act (“CCPA”) to the California Office of...more
As lawyers for start-up and emerging-growth companies, we see a range of disputes between founders and costly missteps that could have been avoided with proper planning and good advice. The ownership of intellectual property...more
In keeping with the hurried passage of the California Consumer Privacy Act (CCPA) at inception, the California legislature passed a flurry of amendments to the embattled privacy law just hours before the deadline of the...more
11/15/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
Your business may be compliant with the General Data Protection Regulation (GDPR), but that does not guarantee compliance with the next wave of data privacy: the California Consumer Privacy Act (CCPA) going into effect on...more
2/28/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent...more
12/6/2016
/ Copyright ,
Copyright Infringement ,
Copyright Office ,
Designated Agent ,
DMCA ,
Popular ,
Renewal Options ,
Safe Harbors ,
Takedown Notices ,
User-Generated Content ,
Website Owner Liability ,
Websites
Have any data on people in the UK or France? New EU data privacy rules will be setting de facto global standards that will apply to US companies, like it or not.
Europe’s lawmakers have given a preview of the new...more
A federal appeals court recently ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. Because trade secret...more
Suppose you walk into a greasy cheeseburger joint and ask for a Coke®. A cook who looks remarkably like the late John Belushi doesn’t say, “No Coke; Pepsi.” Instead, he says, “You want Coke? Have a Pepsi!” and you buy the...more
A good marketing department knows how to generate product “buzz” by leveraging external influencers and promotions. The challenge for the company is to avoid being stung by the FTC’s recently published Endorsement Guides (the...more
7/16/2015
/ Celebrity Endorsements ,
Conflicts of Interest ,
Contests & Promotions ,
Disclosure ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Likes ,
Marketing ,
Online Endorsements ,
Social Media ,
Social Networks ,
Terms and Conditions ,
Truth in Advertising ,
Twitter
Most Kickstarter projects never reach the funding threshold, so funders never pay anything into the venture. However, as shown by recent enforcement action, agencies such as the FTC (Federal Trade Commission) have become...more
You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there...more
6/24/2015
/ Cybersecurity ,
Cybersquatting ,
Domain Names ,
Email ,
Hackers ,
Phishing Scams ,
Scams ,
Trademarks ,
UDRP ,
Uniform Rapid Suspension ,
Websites
The Massachusetts Earned Sick Time Law (the “ESTL”) becomes effective next month, imposing significant obligations on all employers to provide up to 40 hours of earned sick time to Massachusetts employees. By July 1, 2015,...more
6/17/2015
/ Anti-Retaliation Provisions ,
Compliance ,
Earned Sick Time ,
Employee Benefits ,
Employee Rights ,
New Legislation ,
Notice Requirements ,
Paid Time Off (PTO) ,
Record Retention ,
Recordkeeping Requirements ,
Safe Harbors ,
Sick Pay
A federal appeals court has ruled that “features and functions” of software programs are not trade secrets, particularly when those with access are not required to sign confidentiality agreements. This ruling reinforces the...more
Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more
5/28/2015
/ Anti-Piracy ,
Audio Recording ,
Digital Downloads ,
Digital Goods ,
E-Commerce ,
Internet Service Providers (ISPs) ,
Mobile Apps ,
Popular ,
Radio Stations ,
Terms of Service ,
Transparency ,
Websites
In a recent case that will raise the stakes for companies involved in contentious administrative trademark proceedings, the U.S. Supreme Court held that the administrative tribunal, the Trademark Trial and Appeal Board...more