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The Technology Newsflash contains articles and timely updates on the latest technology, outsourcing and privacy legal issues and trends affecting businesses today. We encourage you to visit the site often as it is updated regularly. We welcome any questions about the topics covered here and those relating to our global capabilities.
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As connected cars proliferate, auto, tech and financial companies will form alliances that raise familiar legal issues in new contexts
On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the trademark." This holding resolves a longstanding circuit split in the Federal Courts of Appeal about the effects of bankruptcy on trademark licenses.
On May 21, 2019, the United States District Court for the Northern District of California found that Qualcomm violated the Federal Trade Commission (FTC) Act, in an antitrust decision significant to licensing standard-essential patents (SEPs) under fair, reasonable and non-discriminatory (FRAND) terms.
Privacy and the development of technology are competing interests that are sometimes in conflict. These considerations often present a challenging balancing exercise for technology companies developing innovative products as well as companies and individuals that elect to use those new products. The market is seeing more political debate, legislation and litigation that focus on these issues. It is no longer a discussion that is only occurring within technology companies.
In July 2015, the Court of Justice of the European Union ("ECJ") issued Huawei v. ZTE, a seminal decision detailing how holders of Standard Essential Patents ("SEPs") must license its SEPs on fair, reasonable, and nondiscriminatory (FRAND) terms.
On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court held that a copyright owner may file an infringement complaint when the U.S. Copyright Office registers a copyright. In Rimini Street v. Oracle USA, the Court held that that courts cannot make unconstrained cost awards to prevailing parties in copyright cases.
Illinois Supreme Court Rules: "Aggrieved" Person Does Not Require Separate, "Actual" Injury for Biometric Information Privacy Act Claim
On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act ("BIPA"), need not allege actual or separate injury beyond a violation of the individual's rights under BIPA. BIPA, an Illinois state law, is currently the only biometric privacy law that provides the opportunity for a private individual to bring an action in court. This holding overturns a lower appellate court decision, and aligns with recent holdings in the Northern District of California.
Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws.
As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the business community.
On October 18, 2018, the US Securities and Exchange Commission (the "SEC" or the "Commission") announced its launch of a new "strategic hub for innovation and financial technology" the Commission is calling FinHub.
On September 10, 2018, enabling regulations were published on the Federal Official Gazette to regulate the Law Regulating the Financial Technology Institutions ("Fintech Law").
The recently passed California Consumer Privacy Act of 2018 (the "CCPA") is set to create significant compliance burdens for most businesses that collect personal information about California residents ("consumers").
An early challenge to patent eligibility is a useful tool for any alleged infringer. Because of this, most alleged patent infringers, especially in software cases, begin their defense by considering whether the asserted patent satisfies the requirements of 35 U.S.C. § 101, as interpreted by the Supreme Court's decisions in Mayo and Alice. In a three-year period, between 2014 and 2017, District Courts evaluated patent eligibility in more than 400 opinions and, in many cases, determined ineligibility as a matter of law.
The Video Privacy Protection Act of 1988 (18 U.S.C. § 2710) ('VPPA') regulates the disclosure of information about consumers’ consumption of video content, imposing prescriptive requirements to obtain consumers’ consent to such disclosure.
Rapid developments in information technology are changing how people work, consume, play and interact. Government policy will influence the direction of technological developments, and laws and regulations will undoubtedly need to change to address the new reality.
On March 10, 2018, the Law regulating Financial Technology Institutions ("Fintech Law") became effective along with certain reforms to other financial laws.
Businesses need to take a risk-based approach, focusing compliance efforts on their biggest vulnerabilities.
Sign and Submit by February 15, 2018: NYDFS Cybersecurity Certification Due Date Nears as Additional Compliance Requirements Close In
An overview of upcoming certification and compliance requirements under NYDFS Cybersecurity Regulation.
Best practices for incident preparedness and response.
After Sales-Service: Don't Be Misled! — European Court of Justice Rules: Erroneous Information Provided by an Undertaking to a Consumer in the Context of After-Sales Service Is a Misleading Commercial Practice
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