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

Contract Law in the Age of Agentic AI: Who’s Really Clicking “Accept”?

In May 2024, we released Part I of this series, in which we discussed agentic AI as an emerging technology enabling a new generation of AI-based hardware devices and software tools that can take actions on behalf of users. It…more
 /  Commercial Law & Contracts, Science, Computers, & Technology

Upcoming Changes to AI Regulation in the New Administration

With the second Trump Administration set to take power in January 2025, one can expect a pendulum swing in many aspects of technology policy. For example, while it is expected that President Trump will will continue efforts by…more
 /  Administrative Law, Elections & Politics, International Law & Trade, Science, Computers, & Technology

CFPB Issues Final “Open Banking” Rule Governing Third Party Use of Consumer Banking Information

After a yearslong lead-up, the Consumer Financial Protection Bureau (CFPB) published its final “open banking” rule in October. The rule effectuates the section of the Consumer Financial Protection Act, which charged the CFPB…more
 /  Consumer Protection, Finance & Banking, Privacy

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
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