Last week the U.S. Department of Justice (DOJ) made waves in the online gambling industry with an Opinion interpreting the Wire Act (18 U.S.C. § 1084). In the Opinion, DOJ's Office of Legal Counsel concluded that most sections of the Wire Act are not limited to sports-related wagers and instead prohibit the use of interstate wires for any bets or wagers. Read more.
January 23, 2019
An important legal waiver recently expired and as a result, video game developers and publishers must now ensure that new and substantially upgraded games comply with the accessibility requirements of the 21st Century Communications and Video Accessibility Act (“CVAA”). Read more.
January 7, 2019
There's good news for game developers who incorporate real-world elements in their games. On October 20, 2017, the Court of Appeals for the Ninth Circuit affirmed a trial court decision which found that Gran Turismo, a Sony video game, was an expressive work entitled to First Amendment protection Read more.
November 2, 2017
The FTC is making a strong push in 2017 to ensure that social media influencers comply with the Commission's Endorsement Guide (the "FTC Guides") and recently updated FTC Guides' FAQs. Read more.
September 18, 2017
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
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
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
Here is some news about an important new resource for mobile app developers working in the healthcare space. Read more.
April 12, 2016
Here's some news for companies that have to comply with the privacy provisions of the Health Insurance Portability and Accountability Act ("HIPAA"). The U.S. Department of Health and Human Services ("HHS") has announced plans to begin auditing compliance in early 2016. Read more.
October 20, 2015
In a recent landmark decision, the Court of Justice of the European Union (the "CJEU") declared the EU-U.S. safe harbor invalid. The ruling comes out of the Schrems v. Facebook case, which has become one of the most widely followed and significant global data privacy cases to date. Read more.
October 16, 2015
The Third Circuit Court of Appeals affirmed this week that the Federal Trade Commission ("FTC") has the authority to declare companies' data security practices "unfair" under Section 5 of the FTC Act. Read more.
September 2, 2015
Starting on September 1, 2015, all companies that collect and use data across sites or apps for interest-based advertising - including carriers, apps, ad networks, brands, agencies and publishers - will be required to demonstrate compliance with the Digital Advertise Alliance's Mobile Guidance on its Self-Regulatory Principles ("DAA Mobile Guidance"), which was issued in July, 2013. Read more.
August 6, 2015
While there is no generally applicable federal law in the United States requiring all businesses to take particular steps to secure their sensitive data, the Federal Trade Commission has investigated and penalized numerous companies for failing to implement "reasonable" data security standards. Read more.
August 6, 2015
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC. Read more.
June 4, 2015
A day barely passes without news of a major data breach perpetrated by outsiders who gained unauthorized access to sensitive personal information and intellectual property stored on company computers. Read more.
April 10, 2015
What is the Internet of Things (the "IoT")? It's the ability of everyday objects to connect to the internet and collect and transmit data. Read more.
February 18, 2015
Here's a holiday gift for anyone whose business depends on keeping customer or client data secure: the Frankfurt Kurnit Technology Group's list of six essential steps for data security. Read more.
December 2, 2014
The Ninth Circuit recently affirmed what many industry players already recognized: when conducting eCommerce with consumers, the safest practice for businesses looking to enforce their website's terms is to include obvious indicia of consumer consent, possibly through use of a "clickwrap" agreement (where website users are required to affirmatively click on an "I agree" box). Read more.
September 3, 2014
While tax incentives for film and television productions receive a lot of publicity, many states offer valuable business incentives for the production or development of video games as well. Read more.
August 18, 2014
On August 1, 2014 the Federal Trade Commission issued a study on mobile shopping apps. The report, What's the Deal? An FTC Study on Mobile Shopping Apps, lauded certain mobile shopping apps for providing "beneficial services designed to enhance the consumer shopping experience." Read more.
August 11, 2014
Last month, the California Attorney General's Office released guidelines for businesses on how to comply with recent updates to the California Online Privacy Protection Act. Read more.
July 15, 2014
That's the important question currently before a federal appeals court - a question with huge implications for advertisers and other custodians of sensitive customer data. How did the question arise? Read more.
July 7, 2014
In February 2013, HTC, one of America's biggest sellers of mobile devices based on the Android, Windows Mobile, and Windows Phone operating systems, settled FTC charges that millions of its smartphones and tablets had security holes that allowed malicious applications to send text messages, record audio, and even install additional malware onto a consumer's HTC device, without users' knowledge or permission. Read more.
April 12, 2013
Two new privacy measures are likely to impact organizations that collect information about their customers online. Read more.
March 2, 2012
The Federal Trade Commission issued a staff report yesterday that says makers of mobile apps directed at children, the app stores that sell them, and certain third parties providing services within apps (e.g., advertisers), are not providing the information that parents need to understand what data the apps collect and how that data is handled. Read more.
February 17, 2012
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