Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

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Attorney at Work

OCTOBER 19, 2022

And you can’t tell me the sudden appearance of gout medicine commercials isn’t related to me arguing with Walgreens on the phone while my toaster and my TV listened in, taking notes. Boredom is good for you and might just be the secret key to getting your life back on track. This is from the heart. ” That is not too far off the mark.

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Eric Goldman

MARCH 29, 2023

Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Step Two: The CCB does a compliance review of the filed claim to determine if the claim qualifies for the CCB. Let’s take a look.

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Attorney at Work

OCTOBER 29, 2021

But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES. Working remotely, whether part-time or full-time, requires a variety of technology. And, to be sure, remote-work tech tools are loaded with treats that keep our businesses humming while we work from home. But the remote-work environment complicates things.

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Debevoise Data Blog

APRIL 14, 2021

On April 14, 2021, the New York State Department of Financial Services (the “DFS”) announced that its cyber enforcement action against National Securities Corporation (“National Securities”) has been resolved by a Consent Order that imposes a $3 million penalty. This is the latest step in the DFS’s very active cyber-enforcement agenda.

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Debevoise Data Blog

MAY 1, 2022

Specifically, it noted three categories of deficiencies relating to alternative data: Failure to adequately memorialize diligence processes with respect to alternative data service providers or follow such processes systematically and consistently.

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Eric Goldman

DECEMBER 15, 2024

This opinion is a companion to the Massachusetts Supreme Court’s decision in Good v. Uber , which upheld an identical TOS formation process. The highest New York state court agrees. Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. .”

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Debevoise Data Blog

MARCH 7, 2021

On March 3, 2021, the DFS reached its first full resolution under its Part 500 Cybersecurity Regulation , a Consent Order with Residential Mortgage Services that imposes a $1.5 Failure to satisfy various state breach notification obligations. Failure to satisfy various state breach notification obligations.

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Debevoise Data Blog

OCTOBER 12, 2021

million fine against Austrian Post for channelling electronic data protection-related inquiries to a web form and not offering an additional email address, irrespective of the data subject option to also use non-electronic postal mail or customer service. These developments, and more, covered below. Standard Contractual Clauses).

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Debevoise Data Blog

JANUARY 12, 2021

On January 12, 2021, the Federal Deposit Insurance Corporation (“FDIC”), the Office of the Comptroller of the Currency (“OCC”) and the Federal Reserve Board (“FRB”) (together the “Agencies”) published a notice of proposed rulemaking (“Proposed Rule”) that would significantly update the Agencies’ guidance on data breach response.

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Debevoise Data Blog

JANUARY 21, 2021

In contrast, the Spanish DPA appears to have a preference for taking separate enforcement action: in 2020, it published 29 penalty notices against one company – Vodafone/Telefónica Móviles. DPAs face difficulties in making fines stick Regulators appeared to have a difficult time making penalties stick.

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Debevoise Data Blog

AUGUST 24, 2022

The ANPR’s questions also consider under what circumstances a failure to provide privacy protections to children and teenagers (e.g., In Part 1 of this Data Blog series, we provided an overview of the ANPR and the context for the FTC’s rulemaking process. social media, ad tech and the mobile app ecosystem).

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Legodesk

NOVEMBER 21, 2021

Read Also – Legal Filing System: How to Organize Your Files in 2021 Regrettably, lawyers dont always practice what they preachespecially with document management. Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases.

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Legodesk

NOVEMBER 21, 2021

Read Also – Legal Filing System: How to Organize Your Files in 2021 Regrettably, lawyers don’t always practice what they preach—especially with document management. Legal practice data management is the process of organizing, storing, and retrieving data related to legal cases.

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Lawmatics

AUGUST 1, 2023

In the wake of the COVID-19 pandemic, many law firms transitioned to a remote work setup to keep their operations running while keeping their employees safe. While remote work has many benefits, such as increased flexibility and cost savings, it also presents unique challenges, particularly when it comes to managing and supervising remote workers.

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Debevoise Data Blog

MAY 20, 2024

Failure to comply with the HBNR can result in penalties of up to $51,744 per violation. However, the FTC’s 2021 policy statement and several recent enforcement actions that followed indicate the agency’s intent to expand the scope of the HBNR to: (a) treat as a breach of security so-called “unauthorized disclosures” (i.e.,

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Simple Legal

JANUARY 5, 2023

In 2021, Gartner discovered that 54% of in-house attorneys reported feeling “exhausted,” with 20% claiming they were “highly exhausted.” In 2021, Gartner discovered that 54% of in-house attorneys reported feeling “exhausted,” with 20% claiming they were “highly exhausted.” We get that this can feel like a big ask.

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Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Legal Tech Monitor

OCTOBER 27, 2023

2d 531 (1988) – finding that a lawyer’s failure to report another lawyer’s conversion of settlement proceeds violated the duty to report specified attorney misconduct; In re Richard A. He was a gentleman when he appeared before the court,” Grogan said. “He Working with him has been for me a true joy,” ARDC Chair Timothy Bertschy said.

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Debevoise Data Blog

NOVEMBER 21, 2023

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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Legal Tech Monitor

JULY 3, 2023

For the Fourth of July week, we thought we’d do something fun and probably a little weird. Greg spoke with an AI guest named Justis for this episode. Justis, powered by OpenAI’s GPT-4, was able to have a natural conversation with Greg and provide insightful perspectives on the use of generative AI in the legal industry, specifically in law firms.

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Debevoise Data Blog

JULY 20, 2022

This is the second settlement of cybersecurity-related FCA claims since the DOJ’s announcement of its new Civil Cyber-Fraud Initiative in October 2021, although the claims were brought against Aerojet well before the initiative was launched. On July 8, 2022, the U.S.

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Attorney at Work

APRIL 6, 2022

In addition to his regulatory strategy work, he developed a regulatory pathway for telehealth companies acquired in 2021. There are many moments when being able to deliver the message clearly and succinctly is the difference between success and failure. What does it take to become a successful lawyer in your particular niche?

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Berkley Technology Law Journal

JANUARY 2, 2024

In particular, the May 2021 ransomware attack against the Colonial Pipeline was a “watershed moment” that laid bare how cyber incidents can have rippling impacts on the American economy and people’s daily lives. Experts project that “58,000 additional active satellites could be launched by 2030,” more than ten times as are currently in orbit.

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Debevoise Data Blog

NOVEMBER 22, 2021

On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law, authorizing $1.2 The bills, which largely focus on critical infrastructure, appear to be coalescing around three key concepts: Expanding the Role of the Cybersecurity and Infrastructure Security Agency (“CISA”).

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Eric Goldman

JANUARY 26, 2024

The non-disparagement clause reads: “[a]t all times during the Term and thereafter, neither Party will, whether directly or indirectly, make any disparaging, negative, or false or misleading statements with respect to the other Party.” Further, the disparagement agreement is not limited by common-law defamation requirements. * LEXIS 125429 (M.D.

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Debevoise Data Blog

JULY 13, 2022

A growing number of employers are turning to artificial intelligence (“AI”) tools to assist in recruiting and other employment decisions. According to Forbes , almost all Fortune 500 companies use talent-sifting software, and more than half of human resource leaders in the U.S. leverage predictive algorithms to support hiring.

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Eric Goldman

SEPTEMBER 19, 2023

Many recent laws essentially mirror the “protect the kids online” initiatives of the 1990s and early 2000s, all of which failed as unconstitutional. In 1996, Congress passed the Communications Decency Act (CDA) to restrict minors’ access to indecent and patently offensive content online.

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Eric Goldman

OCTOBER 28, 2024

Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules. Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules.

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Berkley Technology Law Journal

OCTOBER 3, 2023

In her new book, The Fight for Privacy , Danielle Keats Citron argues that failure to adequately protect digital privacy could have a chilling effect on the public’s ability to exercise their first amendment rights to free expression. Conference of Catholic Bishops. How did The Pillar obtain this sensitive information?

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Debevoise Data Blog

NOVEMBER 4, 2024

This is the latest settlement of cybersecurity-related FCA claims since DOJ announced its Civil Cyber-Fraud Initiative in October 2021. The underlying failures alleged in the settlement occurred between 2018 and 2023. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.

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Debevoise Data Blog

MARCH 16, 2023

The Strategy demonstrates a strong commitment by the Administration to further enhance the country’s cybersecurity posture. The Strategy demonstrates a strong commitment by the Administration to further enhance the country’s cybersecurity posture. Early reaction to the Strategy is largely favorable.

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