Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 98

Contracts Privacy Registration Government 98

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. The court says that either New York or California law governs, and the result would be the same under either state’s law. Forming online contracts is not rocket science.

Contracts 119

Contracts Designs Design Law 119

SpicyIP

JULY 27, 2021

We’re pleased to inform you that the Centre for Communication Governance at the National Law University Delhi is inviting applications for various research positions. About the Centre for Communication Governance. Depending on the project(s) the consultant is hired to be involved in, the contract period will vary.

Government 105

Government Editing Privacy Technology 105

IPilogue

JULY 9, 2021

Yet, these cases also point to the need for a more or less uniform legal order for data governance. In 2015, Austrian law student and privacy activist, Maximillian Schrems, sued Facebook Ireland for what he alleged to be an unlawful transfer of data from Facebook Ireland to Facebook’s headquarters in the United States.

Privacy 105

Privacy Contracts Social Media Government 105

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 98

Contracts Law Reporting Blogging 98

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 105

Contracts Privacy Blogging Litigation 105

Michael Geist

OCTOBER 21, 2024

What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground.

Law 97

Law Privacy Contracts Government 97

Traverse Legal Blog

AUGUST 8, 2023

Introduction to AI Governance: Why It Matters As we stand on the precipice of the AI Revolution, artificial intelligence (AI) is emerging as a powerful transformative force. AI governance policies set forth the framework of principles, policies, and procedures that guide its use.

Government 52

Government Privacy Due Diligence Intellectual Property 52

JD Supra Law

OCTOBER 4, 2023

The laws that govern the metaverse are grounded in those of Planet Earth. Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Where the difference lies is in their application to a new environment.

Privacy 82

Privacy Contracts Government IP 82

LexBlog IP

AUGUST 8, 2023

Introduction to AI Governance: Why It Matters As we stand on the precipice of the AI Revolution, artificial intelligence (AI) is emerging as a powerful transformative force. AI governance policies set forth the framework of principles, policies, and procedures that guide its use.

Government 52

Government Privacy Intellectual Property Due Diligence 52

TorrentFreak

APRIL 25, 2024

For many governments, however, any level of anonymity has the capacity to cause concern, and if that means unmasking everyone to identify a few bad actors, so be it. Or, according to the proposal, anyone (or all people) from a specified jurisdiction at the government’s discretion.

Privacy 145

Privacy Government Contracts Publishing 145

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 116

Blogging Contracts Law Privacy 116

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

IPilogue

JANUARY 16, 2023

Proper strategy, governance, processes, policies and contracts are needed to ensure any IP creation resulting from the collaboration and any real upside potential can be shared with Alectra. From privacy to protecting against misappropriation, data practices demand multiple layers of legal and operational consideration.

IP 103

IP Intellectual Property Law Intellectual Property Privacy 103

Traverse Legal Blog

MARCH 1, 2023

Data Privacy & Security Issues Your SaaS Company Needs to Think About Every employee and department in your SaaS company interacts with different personal data and vendors with which you share personal data. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise.

Privacy 52

Privacy Contracts Web Development Designs 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In the US, the Constitution only restricts the action of government actors, not private entities.

Publishing 105

Publishing Government Contracts Law 105

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 111

Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

Michael Geist

MARCH 21, 2023

However, it still retained mandated document disclosures that should send a chill into companies, NGOs, and anyone else that engages in, or strategizes about, government legislation. But in this case, the Heritage committee is engaged in a fishing expedition based largely on opposition to government legislation.

Government 132

Government Journalism Contracts Branding 132

IP and Legal Filings

NOVEMBER 9, 2023

There are billions of people who are governed by the same set of territorial laws when it comes to administrative functions like taxes, contracts and even criminal offences. Marriage is a social contract which binds two people in a union. Under Christian Law Christians have a different set of rules that govern their religion.

Law 105

Law Contracts Government Privacy 105

Intepat

DECEMBER 5, 2024

Copyright governs the rights of creators over their digital works, ensuring they are protected from unauthorized use. Smart contracts embedded within NFTs, for example, cannot always prevent unauthorized copying or redistribution of the underlying digital assets. The anonymity provided by the metaverse adds another layer of difficulty.

Copyright 52

Copyright Non-Fungible Tokens Ownership Intellectual Property 52

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

LexBlog IP

FEBRUARY 6, 2024

and the United States government provides guidance on the minimum requirements that the government must meet to protect trade secrets provided during the regulatory approval process for pharmaceuticals. VANDA’s breach of implied-in-fact contract claim was dismissed). The legal battle between VANDA Pharmaceuticals, Inc.

Government 52

Government Confidentiality Contracts Branding 52

LexBlog IP

FEBRUARY 10, 2023

One small portion of the services offered by Verisk / ISO using information it received improperly include “insurance, banking, finance, construction, real estate, law enforcement, emergency services, government, real estate, and geopolitics.” Privacy is the control over knowledge about oneself.

Privacy 40

Privacy Confidentiality Contracts Law 40

Olartemoure Blog

OCTOBER 3, 2023

This processing is a contravention of the principles governing the GDPR and in the absence of a legal basis that would legitimize or justify such processing. Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract.

Law 105

Law Privacy Contracts Marketing 105

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143

IP Intellectual Property Copyright Trademark 143

Olartemoure Blog

AUGUST 9, 2024

Said deal, known as the “WTO Agreement on E-Commerce,” introduces a standardized framework to govern cross-border data flows and electronic contracts, which the ICC believes is crucial for the expansion of a secure digital economy.

Intellectual Property 52

Intellectual Property Privacy Contracts Government 52

LexBlog IP

APRIL 25, 2022

The Sedona Conference, Working Group 12 on Trade Secrets, has released for public comment its guidance on the governance and management of trade secrets. This valuable Commentary outlines the inherent challenges in developing a trade secret protection program that aligns with a business’s goals and measurable objectives.

Government 52

Government Business Confidentiality Contracts 52

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. There is no time limit imposed by Warner Bros.

False Advertising 98

False Advertising Government Privacy Designs 98

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 98

Editing Social Media Blogging Advertising 98