Alerts: Privacy & Data Security Law: Technology Law
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation. Read more.
February 16, 2017
Alerts: Technology Law
ZeniMax v. Oculus: Lessons from a $500 Million VR Case Verdict
The Oculus Rift has been one of the most anticipated technology developments in modern video game history. Now — as a result of avoidable mistakes — it is also a teaching case for lawyers advising clients in the interactive entertainment space. Here's a rundown of the case and the traps the developers fell into. Read more.
February 9, 2017
Alerts: Intellectual Property Law
Does IP Law Protect Cake and Pastry Designs?
A chef who created a cake for President Obama's inauguration in 2013 recently tweeted a photograph showing two cakes. According to the chef, one was created for the Obama inauguration and the other was for an inaugural ball for President Trump. The Trump cake baker apparently admitted copying the Obama cake design (and stated the proceeds would be donated to a charity). So among the many legal questions raised by the new Trump administration, there lies an interesting IP question: can a baker, chef or restaurateur use intellectual property law to protect a cake or pastry design? Read more.
February 3, 2017
Alerts: Commercial Litigation
NY Court Expands Protections for Employers to Safeguard Proprietary Information
Yesterday a New York State appeals court reinstated the conviction of a former Goldman Sachs computer programmer under New York's unlawful use of secret scientific material statute. In doing so, the court gave a twenty-first century voice to a statute that was written in the age of blueprints and photocopiers. Read more.
January 27, 2017
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Alerts: Intellectual Property Law
Ten Resolutions for a Happy and Healthy Trademark Portfolio
Here are our top ten resolutions to ensure your trademark portfolio is happy and healthy. Read more.
January 4, 2017
Alerts: Privacy & Data Security Law
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes. Read more.
December 22, 2016
Alerts: Advertising Law
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act. Read more.
December 15, 2016
Alerts: Employment Law
Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions
Wendy Stryker is featured in the Society for Human Resource Management article, "Overtime Rule Hang-Up Requires Careful Communication About Pay Decisions." View Article
December 2, 2016
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Alerts: Intellectual Property Law
Copyright Infringement: Get Ready for New DMCA Agent Designation Rules
Out with the old, in with the new. That's the latest slogan of the Copyright Office which, on December 1, 2016, finally brings its nearly 20-year old system for designating Digital Millennium Copyright Act ("DMCA") agents online. Read more.
November 30, 2016
Alerts: Employment Law
Federal Court Blocks Overtime Rules and New York Proposes a New Overtime Rule
A federal court in Texas has halted nationwide preparations for the new FLSA overtime rule set to go into effect on December 1, 2016. That rule raised the salary basis required to maintain federal overtime exemptions from $455 per week to $913 per week, and included a mechanism for automatically updating the salary limits every three years. Read more.
November 28, 2016
Alerts: Advertising Law
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising. Read more.
November 28, 2016
Alerts: Privacy & Data Security Law
FCC Adopts Broadband Consumer Privacy Rules
On October 27, 2016, the Federal Communications Commission (FCC) adopted an Order requiring broadband Internet service providers and all other telecommunications carriers providing telecommunications services to take greater steps to protect the privacy of their customers, including current and former subscribers and new applicants. Here's a summary of the key obligations imposed on carriers: Read more.
November 22, 2016
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Alerts: Privacy & Data Security Law
Latest on the FTC Data Security Front
FTC Issues Guide on How to Respond to a Data Breach, and Eleventh Circuit Questions the FTC's Interpretation of Its Section 5 Authority But Does NOT Alter the Unfairness Standard in Data Security Matters. Read more.
November 21, 2016
Alerts: Employment Law
New York City Passes New Law Governing Freelance Workers
There's big news for employers with offices in New York City. Read more.
November 1, 2016
Alerts: Intellectual Property Law
Lack of Documentary Evidence Sinks Two Recent Trademark Applications
Business owners do not have to wait until they are actually using a trademark in commerce before seeking to register it with the Trademark Office. Read more.
October 28, 2016
Alerts: Legal Ethics and Professional Responsibility
Non-Party Has Sufficient Interest to Disqualify Law Firm from Second Circuit Case
At the request of a non-party, the US Court of Appeals for the Second Circuit recently disqualified the law firm BakerHostetler LLP ("Baker") from representing its client Prevezon Holdings Ltd. ("Prevezon"). Read more.
October 24, 2016
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Alerts: Intellectual Property Law
Get Ready for New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board (the "Board") has announced a number of changes to the Trademark Rules of Practice, to take effect on January 14, 2017. Read more.
October 19, 2016
Alerts: Intellectual Property Law
Thinking of Licensing Your Brand Abroad?
Licensing a trademark abroad - for manufacture or distribution of goods or services - is not easy. Read more.
October 6, 2016
Alerts: Advertising Law
Compliance Focus: FTC Begins Study of Consumer Disclosures
How effective are your consumer disclosures? A recent FTC workshop suggests it's a good time to ask. Here's a summary of what happened. Read more.
September 26, 2016
Alerts: Advertising Law
New Case Sheds Light on Reward Program Pitfalls
Doing a reward program? Be very clear about the rules. Read more.
August 29, 2016
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Alerts: Estate Planning Law
IRS Proposes Rules to Deny Estate and Gift Tax Discounts for Family Businesses
There's important news for family business owners and their heirs. Read more.
August 23, 2016
Alerts: Advertising Law: Sports Law
Legalizing Fantasy Sports in New York: An Interesting Precedent for Advertisers?
While millions of fantasy sports aficionados pumped their fists on the news that New York State had legalized Interactive Fantasy Sports ("IFS"), a quieter debate began taking place in marketing and advertising circles. Read more.
August 9, 2016
Alerts: Intellectual Property Law: Technology Law
Are Augmented Reality Games Liable for Depictions of Buildings, Trademarks or Artwork?
In the few weeks since its release, Pokémon™ GO has dominated the interactive entertainment landscape. The augmented reality game has reportedly achieved more than 30 million downloads and lots of buzz. But as its popularity grows, so do questions about its legal implications - including the use of landmarks, buildings, monuments, and other frequented locations. Read more.
July 27, 2016
Alerts: Privacy & Data Security Law
The New “Privacy Shield”: What Does it Mean for Your Company?
This week brought important news for any company that transfers across borders, or receives cross-border transfers of, consumer or employee personally identifying data (very broadly defined). Read more.
July 14, 2016
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Alerts: Legal Ethics and Professional Responsibility
Less Exposure: New York Appeals Court Finds Privilege For Law Firm In-House Counsel
A New York appeals court gave attorneys a reason to celebrate just before the July 4th holiday weekend. Read more.
July 11, 2016
