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It’s a small operation, with a 2022 budget of under $1M/year. Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story.
The district court dismissed the complaint in 2022. “The fundamental deficiency in the claim…is a failure to point to any specific contract provision (or promise) that Facebook breached… For the same reason, 230(c)(1) is also a bar to Ms. Facebook appeared first on Technology & Marketing Law Blog.
Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.
Michael Flores, representing himself, filed a claim for misrepresentation under Section 512(f) on June 28, 2022, twelve days after the CCB began. 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. Let’s take a look.
Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay. Note 1: all guest bloggers do it purely for the glory.
With regard to Plaintiffs’ failure to warn claims, Section 230 immunity does not apply since the conduct at issue was Defendants’ conduct and not the conduct of third parties. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az. Superior Ct. Where the motion to dismiss concerns questions of law, additional discovery is not required.
On April 26, 2022, the Division of Examinations (“EXAMS”) of the Securities and Exchange Commission (the “SEC”) issued a Risk Alert titled “ Investment Adviser MNPI Compliance Issues ” (“Risk Alert”) on the use of alternative data.
The Prevalence of Identity Theft Identity theft is a growing concern for global businesses, and the statistics for 2022 are alarming. According to the 2022 Identity Theft Resource Center’s Data Breach Report , there were 1,802 data compromises in the United States. Even small businesses are not spared.
August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.
As the company nears its third anniversary, Borstein joins me on the LawNext podcast to reflect on its successes and failures and to share where it is today. This is Borstein’s fourth appearance on LawNext. His previous episodes were: On LawNext Podcast: LexFusion’s Joe Borstein and Casey Flaherty on the 2022 Legal Market in Review.
As the company nears its third anniversary, Borstein joins LawNext to reflect on its successes and failures and to share where it is today. This is Borstein’s fourth appearance on LawNext. His previous episodes were: On LawNext Podcast: LexFusion’s Joe Borstein and Casey Flaherty on the 2022 Legal Market in Review.
ELTAcon 2022 will take place on Tuesday in Tel Aviv! 14:25 – 14:45 Choosing the Focus – Innovation vs. Morly will share her experience developing a Reg-Tech solution – how to set the goals and how failures or success may change them. industry clouds). industry clouds). How to identify the right technology in a world of choices.
Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” Last year, Gartner reported that in 2022 “58% of all legal departments have a legal operations manager, which is a 75% increase from 2018.” What do you see legal ops focusing on in 2023?
“Cruise”ing for “Waymo” Lawsuits: Liability in Autonomous Vehicle Crashes By Caroline Kropka On October 2, 2023, a driverless vehicle traveled down a San Francisco street. [1] 1] The taxi was one of around 950 autonomous Cruise (a robotaxi service owned by General Motors) vehicles operating across the United States by October of that year. [2]
Violations such as speeding, illegal turns, or failure to yield often point to negligence. ” Determining fault is a complex process that influences legal outcomes and insurance claims. In cities with heavy traffic like El Paso, accidents can range from simple fender benders to complicated truck collisions.
In sum, a review of the changes between the November 2022 Amendment and the June 2023 Revised Amendment shows that NYDFS took the comments on the Initial Amendment very seriously and incorporated many of them into the Revised Amendment. The 45-day comment period for the Revised Amendment ends on August 14, 2023. Part 500.1(d).
On August 24, 2022, the California Attorney General announced updates to its California Consumer Privacy Act’s (“CCPA”) enforcement case examples. The California Attorney General’s focus echoes a similar concern with cookies under GDPR, which we’ve written about here and here.
In Part 1 of this Data Blog series, we provided an overview of the ANPR and the context for the FTC’s rulemaking process. In Part 2, we will explore how the privacy-focused components of the ANPR may offer actionable takeaways for businesses to consider now.
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.
It’s no secret to the legal industry that in-house counsel positions are generally seen as less strenuous than jobs at traditional law firms with billable hours. However, Bloomberg Law’s Attorney Workload and Hours Survey found that, on average, in-house lawyers only worked 3 hours less per week than their law firm peers.
On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?
Even as late as the ABA’s 2022 legal technology survey, only 2/3ds of lawyers responding said their firm had a technology budget. That curiosity rarely collides with practice, though. This means lagging behind the latest technology in order to create a workable budget and refresh cycle. For one thing, I rarely start with specs as the driver.
On November 9, 2022, the New York Department of Financial Services (the “NYDFS”) announced the publication of the official proposed amendments to its 2017 Cybersecurity Regulation 23 NYCRR 500 (the “Proposed Amendments”). The 60-day public comment period to the Proposed Amendments ends on January 9, 2023. Technically, no.
There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.
On July 8, 2022, the U.S. The DOJ’s announcement follows the court’s approval of a tentative settlement reached on April 27, 2022 by Aerojet and the whistleblower who filed the claims. The whistleblower claimed to have filed the action after his attempts to raise the issue through internal channels proved unsuccessful.
Candidate, 2026 On March 15, 2022, President Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) into law. By David Bernstein, J.D. Bipartisan lawmakers championed the legislation in response to the growing number of cyber intrusions against critical infrastructure. Second, the U.S.
In this Debevoise Data Blog post, we outline the key themes and takeaways of these pending bills, and what companies can expect in terms of new cybersecurity obligations in 2022. This adds to a large number of cybersecurity bills that are currently pending before Congress.
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.
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.
Less distressing but equally true (if only marginally less dated a cultural reference) is that the Internet is for porn. While online services inevitably get used for both types of content, service providers tend to treat them very differently, given that adult pornography is generally legal in the U.S. whereas CSAM is illegal everywhere.
” I don’t know what “particular” third-party content means, but the statute doesn’t support any distinction based on “particular” and “non-particular” third-party content. .”
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. The settlement also underscores the need to provide a channel for personnel to escalate perceived compliance failures.
By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? VIP Products (2023) opinion and its other trademark cases.
Privacy Regulations: The Administration appears to be using the Strategy to promote federal legislation to impose clear limits on the collection, use, transfer and maintenance of personal data, i.e., federal privacy regulation. Early reaction to the Strategy is largely favorable.
I’m still blogging Section 230 cases as I see them, even though these posts are likely to have only historical value. ] * * * The court summarizes the horrifying allegations: In April 2022, Defendant Bendjy Charles (“Charles”) and Romelus raped Plaintiff. Charles and Romelus filmed each other while they raped Plaintiff.
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