Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 92

Privacy Contracts Marketing Marketing 92

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 89

Litigation Contracts Advertising Advertising 89

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. Note: The responses below were received in 2023.

Privacy 138

Privacy IP Technology Reporting 138

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. .'” Publisher/Speaker Claim.

Contracts 76

Contracts Advertising Advertising Privacy 76

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Regulation of Political Advertising (2022 Edition).

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 81

Contracts Blogging Advertising Advertising 81

43(B)log

JUNE 6, 2023

2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” Malwarebytes, Inc., collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JUNE 14, 2024

Despite the importance of those Fall 2023 rulings, I never blogged either. That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” ” Connection. Superior Ct. Snap and Dyroff.]

Social Media 72

Social Media Publishing Designs Design 72

LexBlog IP

NOVEMBER 28, 2023

Both could become law as early as the end of 2023, although with grace periods built in. For example, airlines would have access to performance data about their planes currently held by the manufacturer [1] , allowing them to explore potentially cheaper contracts for repair and maintenance with a third party. 5] [link]

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

LexBlog IP

JULY 31, 2023

On May 25, 2023, the Texas Legislature enacted the biggest structural change to the Texas court system in recent memory. Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Cases exceeding $10 million.

Business 52

Business Contracts Government Law 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. In re: StubHub Refund Litigation , No.

Contracts 74

Contracts Law Reporting Blogging 74

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Sharing Plaintiffs’ and the Class’s personal data with unauthorized third parties in violation of the GitHub Privacy Statement; b.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

43(B)log

AUGUST 4, 2023

21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. New cultural policy in Australia, 2023: fear of voices being drowned out. installation of Shot Spotter all over. $21 stair climing wheelchairs.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling.

Editing 52

Editing Law Contracts Privacy 52

LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

LexBlog IP

JANUARY 6, 2023

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. ” President Biden called this proposed rule “a huge step forward in banning noncompete agreements that are designed simply to lower people’s wages.”

Contracts 52

Contracts Business Publishing Ownership 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 63

Personality Rights Privacy Social Media Copyright 63

LexBlog IP

NOVEMBER 15, 2023

Notably, in a Fact Sheet published alongside the Order, the President sends a clear directive to Congress to “pass bipartisan data privacy legislation to protect all Americans, especially kids.” ” G.

Privacy 40

Privacy Intellectual Property Government Technology 40

Trading Secrets

DECEMBER 29, 2022

Practical measures should also be taken to protect confidential information and trade secrets, including limiting access to sensitive information, using exit interviews, and (provided that applicable privacy laws are followed) monitoring use of company IT resources and conducting forensic investigations of departing employees’ computer devices.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), Employee Mobility & Its Effects on Trade Secrets and Non-Competes.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

APRIL 19, 2023

The plaintiff initiated an arbitration against Microsoft alleging breach of contract, breach of the implied duty of good faith and fair dealing, negligence, breach of privacy, conversion, and consumer fraud. 2023 WL 2966947 (D.N.J. Microsoft defeated the arbitration on Section 230(c)(2)(A) grounds. Case citation : Deutsch v.

Contracts 91

Contracts Privacy Law Blogging 91

Technology & Marketing Law Blog

JANUARY 26, 2024

Heuberger , 2023 WL 5334192 (D. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. May 12, 2023); and State v. May 12, 2023); and State v. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. May 26, 2023). Pinho, 2023 WL 3017282 (Cal. April 20, 2023). Lulifama.com LLC, 2023 U.S.

Social Media 75

Social Media Privacy Advertising Advertising 75