Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 85

Blogging Contracts Cease and Desist Confidentiality 85

LexBlog IP

AUGUST 18, 2021

Review the contract. Review the contract/offer letter. software, keys, company credit cards, calling cards, parking transponder, information technology equipment, client lists, files and other confidential and proprietary documents, in any media or format, including electronic files. text: ‘Privacy’, }. }. }); });

Advertising 86

Advertising Advertising Art Law 86

LexBlog IP

APRIL 21, 2022

Trade secrets are always at risk when engaging in corporate deals that require the disclosure of confidential information. A recent decision from the 8 th Circuit affirming grant of a motion to dismiss a breach of contract action between a company and its financial advising firm.

Confidentiality 52

Confidentiality Contracts Editing Business 52

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. reportAd: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. Shalviri also alleges that Supercare failed to notify the affected patients for eight months after the breach occurred.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

APRIL 28, 2022

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. Shalviri also alleges that Supercare failed to notify the affected patients for eight months after the breach occurred.

Confidentiality 40

Confidentiality Privacy Contracts Intellectual Property 40

LexBlog IP

APRIL 18, 2023

However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public. While absolute secrecy is not required, entrusting confidential information to an AI chatbot seems counterintuitive to maintaining secrecy. enablement). Thankfully, the U.S.

Invention 59

Invention Confidentiality Privacy Public Use 59

LexBlog IP

FEBRUARY 6, 2024

VANDA’s breach of implied-in-fact contract claim was dismissed). VANDA did not assert a trade secret misappropriation claim, but rather asserted a Fifth Amendment takings claim. At the core of the case are two of Vanda’s brand-name drugs, Fanapt and Hetlioz. ” 18 USC § 1905.

Government 52

Government Confidentiality Contracts Branding 52

LexBlog IP

MARCH 15, 2022

.” Defendants first argued that the network of salespeople and customer lists on Facebook were owned by them, as they have ownership interests in their Facebook profiles, and that because each defendant’s Facebook friends could see the rest of their friend network, these lists were not confidential. The court disagreed.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP and Legal Filings

MAY 29, 2022

Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. If this contract is desecrated, hefty penalties area unit bound to be charged to the vitiator. This provision, which is broad in scope, renders all trade restraint agreements unlawful.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

LexBlog IP

APRIL 18, 2023

However, the data was shared without confidentiality obligations and might be used for future training, so it could be considered public. While absolute secrecy is not required, entrusting confidential information to an AI chatbot seems counterintuitive to maintaining secrecy. enablement). Thankfully, the U.S.

Invention 52

Invention Confidentiality Privacy Public Use 52

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

LexBlog IP

MAY 9, 2022

For many trade-secret litigants and their counsel, the solution lies in simply drafting and agreeing to a protective order governing the treatment of any ‘confidential’ material. Among other things, the APO authorized the sealing—in perpetuity—of any documents the parties marked confidential in discovery.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

JUNE 21, 2022

Among other statutory requirements, the DTSA requires that the purported trade secret owner establish that it “t[ook] reasonable measures to keep such information secret.” ” 18 U.S.C. § § 1839(3)(b). ” No. 21-952, at 5. ” Id. at 6 (emphasis in original). ” Id. at 6 (emphasis in original).

Confidentiality 52

Confidentiality Contracts Licensing Litigation 52

Trading Secrets

JUNE 28, 2022

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems. the defendant’s conduct consisted of good-faith security research.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

LexBlog IP

SEPTEMBER 29, 2021

further stresses the importance of carefully crafting the terms and conditions in a non-disclosure agreement (“NDA”), and ensuring there is no ambiguity as to when the NDA’s confidentiality protections expire. Emerson Electric Co. The Inclusion of Expiration Dates in NDAs.

Confidentiality 52

Confidentiality Contracts Public Domain Design 52

LexBlog IP

JULY 26, 2023

Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. Automated Electronic Transactions (AETs): AETs refer to contracts made between automated electronic media without direct human involvement. Federal Law No.

Business 52

Business Advertising Advertising Contracts 52

The IP Law Blog

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

IP and Legal Filings

AUGUST 19, 2022

Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality.

Copyright 52

Copyright Database Right Privacy Technology 52

LexBlog IP

APRIL 7, 2022

Actions that are brought against employees or former employees on the basis of their employment contract are subject to a statute of limitations of either five years from the event giving rise to the claim or one year from termination of the employment contract, whichever occurs first.

Law 52

Law Contracts Blogging Confidentiality 52

LexBlog IP

AUGUST 11, 2021

Invariably, businesses identify this type of information as proprietary and trade secret in their employee confidentiality agreements and handbooks and subject them to duties of confidentiality. ” Whiteslate, LLP , 2021 WL 2826088, at *6. .” ” Whiteslate, LLP , 2021 WL 2826088, at *6. ” Id.

Confidentiality 52

Confidentiality Contracts Business Litigation 52

LexBlog IP

OCTOBER 27, 2022

In Matthews , the plaintiff, a manufacturer, designer, installer, and servicer of cremation equipment, asserted “claims of trade secret misappropriation [under both federal and state law] and breach of contract against several of its former employees and two of the entities where they are now employed.”

Confidentiality 52

Confidentiality Contracts Law Design 52

LexBlog IP

APRIL 25, 2022

Encourage a culture of confidentiality and compliance. Manage and assess program compliance through mechanisms such as audits, IT threat monitoring, contracts and processes review, metrics, monitoring of third parties and publicly available information, and systems testing. Document the program and implementation.

Government 52

Government Business Confidentiality Contracts 52

IPilogue

MARCH 8, 2023

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach. Kaplan v Casino Rama Services Inc.

Privacy 105

Privacy Confidentiality Litigation Reporting 105

LexBlog IP

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

JUNE 28, 2022

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Such covenants remain predominantly governed by statutes in Maine, Massachusetts, New Hampshire, and Rhode Island, while Puerto Rico continues to govern them by common law.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

LexBlog IP

MARCH 29, 2022

Therefore, these employers should consider filing their offensive claims, such as those for misappropriation of trade secrets or breach of contract, in California to avoid the cost and risk of inconsistent results that may arise from simultaneous overlapping litigation in their home state and that of related employee claims in California.

Litigation 52

Litigation Contracts Government Confidentiality 52

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

LexBlog IP

JANUARY 26, 2022

Conversely, SB 672 explains that “covenants not to compete” do not include confidentiality or non-disclosure agreements, trade secret protection agreements, or agreements entered into in connection with purchase and sale transactions, among others. The scope of the activity restrictions.

Confidentiality 52

Confidentiality Business Contracts Law 52

SpicyIP

NOVEMBER 8, 2023

Xiaomi highlighting how the common practice of courts granting confidentiality in commercial litigation problematizes transparency, judicial accountability, and the citizens’ right to be informed of court processes and reasoning under Article 19(1)(a). Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

NOVEMBER 4, 2021

then sued NQA for breach of contract and trade secret misappropriation. On the other hand, trade secret owners should ensure that customers are contractually bound to keep the trade secret confidential, and be prepared to give access to their source code language in the event it breaches an escrow agreement covering the same. [1]

Licensing 52

Licensing Confidentiality Contracts Registration 52

JIPEL Copyright Blog

DECEMBER 1, 2021

Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies. Van Buren , at 1655.

Contracts 40

Contracts Licensing Copying Confidentiality 40

43(B)log

AUGUST 17, 2021

California Consumer Privacy Act : The CCPA provides a private right of action for actual or statutory damages to “[a]ny consumer whose nonencrypted and nonredacted personal information. Blackbaud argued that it was not a “business” regulated by the Act. Short answer: it was adequately alleged to be one.

Privacy 59

Privacy Business Litigation Confidentiality 59

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. An opt-in scheme could address the confidentiality concerns of IP owners.

Technology 52

Technology Patent IP Invention 52