Web Guide for the New Economy 2022
LLRX
APRIL 30, 2022
Accurate and actionable data on the economy is critical to many aspects of our research and scholarship.This guide by research expert Marcus P.
Pete Recommends – Weekly highlights on cyber security issues, July 23, 2022
LLRX
JULY 24, 2022
rivacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few.
State law 
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Pete Recommends – Weekly highlights on cyber security issues, September 17, 2022
LLRX
SEPTEMBER 17, 2022
Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few.
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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
Eric Goldman
MAY 13, 2024
I did a deep dive on this topic in December , but the general gist of it is that copyright law preempts state law claims if the state-law claims come within the general scope of copyright. 2022) (hereinafter “hiQ 2022 Circuit opinion”); see also hiQ Labs, Inc. hiQ Labs, Inc. LinkedIn Corp. ,
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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)
Eric Goldman
MAY 17, 2024
A Brief Recap on Contract Preemption To appreciate the significance of this opinion, let’s revisit the law of copyright preemption. 301(a) , which preempts state laws “equivalent” to copyright. In 2022, in ML Genius v. If a contract does that, it should not be enforceable as a matter of federal law.
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Hochul and Adams face off over foie gras–Politico
lennyesq
AUGUST 28, 2023
It was set to take effect three years later, in November 2022, but the New York State Department of Agriculture and Markets ordered the city to foie greddaboudit. The city couldn’t implement the ban since it “ unreasonably restricts ” two foie gras farms’ “operations and on-farm practices” under state law , the agency ruled.
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Pete Recommends – Weekly highlights on cyber security issues, July 16, 2022
LLRX
JULY 16, 2022
Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few.
e-discovery 59
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Section 230 Once Again Immunizes Google’s Search Results–Metroka v. PA Law Enforcement
Eric Goldman
JUNE 4, 2023
In June 2022, Nadia Metroka (a Florida lawyer , apparently) was arrested in Pennsylvania. ” The court summarizes: “Google has immunity from her state law claims, as it cannot be held liable for search engine results showing a third party’s statement.” ” (Is this the news release in question ?)
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Losing fight vs. illegal pot shops Enforcement of spotty laws with penalties that do little to deter violators hurts legit stores & neighborhoods –New York Daily News
lennyesq
APRIL 23, 2023
Despite high-profile actions, like Thursday’s 4-20 raid of a Midtown Weed World shop, the state and city have struggled to stem the proliferation of gray market shops that took root in the long period between the legalization of recreational marijuana in New York and the opening of the first cannabis dispensary in December 2022.
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Recent Developments in Collegiate Name, Image, and Likeness
The Barrister
MARCH 18, 2024
Cruz is a strong supporter of Congress passing NIL legislation and introduced a bill last summer that would preempt state law and bar student athletes from attaining employee status. [10] 10] To discover journal articles on recent developments in sports and the law, go to the Sol Blatt, Jr. 2022-2023 Division I Manual § 12.5.2.1(2022),
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NIS2: Revised EU Cyber Rules for Critical Infrastructure
Debevoise Data Blog
NOVEMBER 28, 2022
On 10 November 2022, the European Parliament approved the second network and information systems directive (“NIS2”). Once implemented into Member State law, key obligations include: Incident Reporting: NIS2 establishes a two-stage reporting framework. What are the key obligations?
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices
Discovery Advocate
JUNE 7, 2023
18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , Link to District Circuit Decision
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Court Declines To Compel Employer To Produce Data from Employees’ Personal Mobile Devices
Discovery Advocate
JUNE 8, 2023
18-cv-2022 WL 972401 (D. 31, 2022) Practical Insight Reliance on an employee’s general statement that they do not use text messages for work-related matters may not be sufficient to rule out their device as a potential source of discoverable data. In re Pork Antitrust Litig. , Link to District Circuit Decision
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The FTC’s Proposed Rulemaking Part 3 — Key Data Security Takeaways
Debevoise Data Blog
AUGUST 29, 2022
The ANPR was published in the Federal Register on August 22, 2022 and has a comment period that ends in 60 days on October 21, 2022. Additionally, on August, 29, 2022, the FTC released the final agenda for its September 8, 2022 Commercial Surveillance and Data Security Public Forum seeking public comment on the ANPR.
The Debevoise Data Blog Receives a Top Ten Ranking in Its Second Year
Debevoise Data Blog
DECEMBER 31, 2021
To subscribe to our Data Blog, please click here.
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Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)
Eric Goldman
JULY 18, 2023
That section states that rights under state laws that are “equivalent” to rights under copyright law are preempted. Google The last major decision applying section 301(a) to a breach of contract claim was delivered by the Second Circuit in 2022 in ML Genius v. In December 2022, the Supreme Court invited the U.S.
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What Are the Legal Issues Surrounding Deep Fakes?
Martindale-Avvo
MAY 7, 2024
In 2022, a deep fake video of Kyiv mayor Vitali Klitschko deceived several European politicians into joining a fake call to discuss Ukranian refugees. the developer of Reface, a deep fake software program, claiming the product violates California’s right of publicity law.
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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)
Eric Goldman
DECEMBER 13, 2023
Section 301(a) of the Copyright Act provides that “no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State.” With that, any state or common law claim that is equivalent to copyright must therefore be preempted. Google case from 2022.
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92 Getting Ready for 2023: What Companies Can Do Now to Prepare for New Privacy Laws
Debevoise Data Blog
DECEMBER 16, 2021
These developments have companies understandably concerned about complying with a patchwork of state laws. This means that businesses must be prepared to respond to consumer requests based on information collected on or after January 1, 2022. In addition, the Colorado Privacy Act (“ColoPA”) takes effect on July 1, 2023.
Recent UW Law Faculty Scholarship: Unpacking State Legislative Vetoes; How to Break Up Amazon; Specialist Directors; Mandatory Equity Issuances as a First-Best Solution to Punishing Corporate Misconduct
Wisblawg
JANUARY 16, 2024
Evaluating the significance, legality, and desirability of legislative vetoes must start with an understanding of the existing legal landscape, including the wide array of state law provisions and court decisions across the country. First, the Article presents evidence on the scope and magnitude of the changes in board expertise.
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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)
Eric Goldman
AUGUST 22, 2023
copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Nonetheless, Thaler’s lawyer has stated that they plan to appeal.
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Debevoise Authors 2022 Edition of the PLI Privacy Law Answer Book
Debevoise Data Blog
DECEMBER 1, 2021
The Data Strategy and Security team at Debevoise & Plimpton LLP has authored the 2022 edition of the Privacy Law Answer Book (Practising Law Institute, 2021), a user-friendly guide to the laws and regulations that govern how companies collect, use, store and transfer the personal information of their consumers and employees.
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Utah Joins the Comprehensive State Privacy Law Club
Debevoise Data Blog
APRIL 29, 2022
On March 24, 2022, Utah enacted a comprehensive consumer privacy law, the Utah Consumer Privacy Act (“UCPA”). The UCPA, effective on December 31, 2023, is largely consistent with other comprehensive state privacy laws, but includes several key differences.
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European Data Protection Roundup – November 2023
Debevoise Data Blog
DECEMBER 22, 2023
CNIL uses simplified enforcement process to fine ten entities for excessive employee monitoring What happened : The French CNIL has fined ten entities a total of €97,000 under a simplified enforcement process first introduced in April 2022.
Pete Recommends – Weekly highlights on cyber security issues, July 3, 2022
LLRX
JULY 3, 2022
Four highlights from this week : Vendors prep for new cyber rules of the road; USPS: It's Up to Mailers to Comply With State Laws on Abortion Pills; Facial Recognition Technology: Federal Agencies' Use and Related Privacy Protections; and Google Asks for Permission to Flood Inboxes With Campaign Spam.
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Connecticut’s Next Generation Data Privacy Law
Debevoise Data Blog
MAY 23, 2022
Connecticut’s Governor signed the state’s comprehensive privacy law into effect on May 10, 2022, adding yet another category of state privacy law. The Connecticut legislature largely drew upon provisions found in existing comprehensive U.S.
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Face Forward: Strategies for Complying with Facial Recognition Laws
Debevoise Data Blog
OCTOBER 18, 2021
The ban also exempts the Maryland Image Repository System, which allows law enforcement to compare images against a database drawn from motor vehicle records and mugshots. The law contains two main requirements. State Laws Permitting but Regulating Collection and Use of Biometric Identifiers, including Facial Data.
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52 Cybersecurity in the Remote Work Era: AI, Employees and an Integrated Defense – With SessionGuardian’s Jordan Ellington and Oren Leib, and Katten’s Trisha Sircar (TGIR Ep. 211)
3 Geeks and a Law Blog
JULY 11, 2023
One out of every 40 of those attacks targeted a law firm or insurance carrier, and more than a quarter of law firms and a 2022. Not all, I believe only one or two state laws in the US require it. Aba survey said that they’d experienced a data breach up 2% from the previous year.
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Roe overturned: What you need to know about the Supreme Court abortion decision
LLRX
JUNE 30, 2022
Jackson Women’s Health Organization – handed down on June 24, 2022 – has far-reaching consequences. McClain , health law and constitutional law experts at Boston University, explain what just happened, and what happens next. The ruling in Dobbs v. Nicole Huberfeld and Linda C.
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The Tax Season Survival Guide for Law Firms
Lawmatics
APRIL 11, 2023
as of January 1, 2022. In addition, m ore than 45,262 solo practitioners are currently employed in the United States. If an entity with more than one owner was formed as an LLC under state law, it is generally treated as a partnership for federal income tax purposes, and files Form 1065. IRS Form 1040-ES. Late filings.
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What the ADPPA Means for U.S. Data Regulation
Debevoise Data Blog
JULY 12, 2022
On June 21, 2022, the House Energy and Commerce Committee formally introduced a new federal privacy bill: the American Data Privacy and Protection Act (“ADPPA”). The ADPPA aims to create a national framework that would preempt many, but not all, state privacy laws. We’ve previously written about the development of U.S.
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2023 Quick Links: Section 230
Eric Goldman
DECEMBER 26, 2023
Where the motion to dismiss concerns questions of law, additional discovery is not required. San Fernando Valley Alarm, 2022 Cal. 20, 2022): “Defendant fails to establish applicability of the CDA based on the first element: “the defendant be a provider or user of an interactive computer service.” Offerup Inc.,
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California Restricts Insurers’ Use of AI and Big Data
Debevoise Data Blog
JULY 5, 2022
On June 30, 2022, the California Department of Insurance (the “Department”) released Bulletin 2022-5 (the “Bulletin”), which places several limitations on the use of Artificial Intelligence (“AI”) and alternative data sets (“Big Data”) by the insurance industry.
A new US data privacy bill aims to give you more control over information collected about you – and make businesses change how they handle data
LLRX
AUGUST 25, 2022
House of Representatives Committee on Energy and Commerce by a vote of 53-2 on July 20, 2022. With rare bipartisan support, the American Data and Privacy Protection Act moved out of the U.S. The bill still needs to pass the full House and the Senate, and negotiations are ongoing.
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Justia Legal Guides: LGBTQ+ Legal Resource Center
Justia Legal Marketing & Technology blog
JUNE 1, 2023
Meanwhile, a federal law called Title IX prohibits discrimination based on sex in schools that receive federal funding. In 2022, a federal court in Tennessee temporarily blocked the implementation of this interpretation in various states that have challenged it.
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What Supreme Court’s block of vaccine mandate for large businesses will mean for public health: 4 questions answered
LLRX
JANUARY 17, 2022
Supreme Court on January 13, 2022, blocked the Biden administration’s vaccine-or-test mandate, which applied to virtually all private companies with 100 of more employees. The ruling comes at a time when the number of COVID-19 cases and hospitalization rates continues to soar throughout the United States as a result of the omicron variant.
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Cybersecurity in the Remote Work Era: AI, Employees and an Integrated Defense – With SessionGuardian’s Jordan Ellington and Oren Leib, and Katten’s Trisha Sircar (TGIR Ep. 211)
Legal Tech Monitor
JULY 11, 2023
One out of every 40 of those attacks targeted a law firm or insurance carrier, and more than a quarter of law firms and a 2022. Not all, I believe only one or two state laws in the US require it. Aba survey said that they’d experienced a data breach up 2% from the previous year.
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A new US data privacy bill aims to give you more control over information collected about you – and make businesses change how they handle data
LLRX
AUGUST 25, 2022
House of Representatives Committee on Energy and Commerce by a vote of 53-2 on July 20, 2022. With rare bipartisan support, the American Data and Privacy Protection Act moved out of the U.S. The bill still needs to pass the full House and the Senate, and negotiations are ongoing.
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DC Circuit Upholds FOSTA’s Constitutionality (By Narrowing It)–Woodhull v. U.S.
Eric Goldman
JULY 23, 2023
2022), and so all courts to have decided the issue thus far are now in alignment.” .” The court adds in a footnote: “Initially, while two courts required actual knowledge, two others had held that constructive knowledge sufficed… The Ninth Circuit has since ruled that actual knowledge is required, Does 1-6 v.
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Pablo Arredondo on the One-Year Anniversary of CoCounsel
3 Geeks and a Law Blog
FEBRUARY 29, 2024
And what really sort of changed, everything was September 16 2022. So about, you know, six months before, the actual launch of CoCounsel is when Jake and I under an NDA saw the first demo with GPT-4. And that was one of the craziest weeks of my life. So that’s part one.
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Berkeley Technology Law Journal Podcast: Automated License Plate Readers with ACLU Attorney Matt Cagle
Berkley Technology Law Journal
DECEMBER 24, 2022
The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automated license plate readers (ALPRs) by police departments and other law enforcement entities. This interview was recorded on November 9, 2022. Harshini] 50:38 This interview was recorded on November 9, 2022. I’m Tiffaney Boyd.
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Pablo Arredondo on the One-Year Anniversary of CoCounsel
Legal Tech Monitor
FEBRUARY 29, 2024
And what really sort of changed, everything was September 16 2022. So about, you know, six months before, the actual launch of CoCounsel is when Jake and I under an NDA saw the first demo with GPT-4. And that was one of the craziest weeks of my life. So that’s part one.
Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)
Eric Goldman
NOVEMBER 27, 2023
This law protects the rights of publicity and privacy of people like politicians and celebrities who don’t want others to register their name or image as a trademark for goods or services.
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How Do I Protect My Privacy If I’m Seeking an Abortion?
LLRX
NOVEMBER 19, 2024
Meanwhile, measures to protect or expand abortion access on Election Day failed in Florida, Nebraska and South Dakota, and nearly 20 other states have banned or severely restricted abortion since the 2022 overturn of Roe v.
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