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Areas of Interest
August 19th, 2011
Frankfurt Kurnit in Artnet Magazine
The photographer Janine Gordon claimed photographer Ryan McGinley’s work infringed – and named our clients, the gallery and owner that displayed McGinley’s work, a contributory infringer. After reviewing some of the photos at issue side by side, the Judge concluded that 'The dictates of good eyes and common sense lead inexorably to the conclusion that there is no substantial similarity between Plaintiff's works and the allegedly infringing compositions of McGinley."
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
