IP & Technology Law Trends
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Third Circuit Affirms FTC Enforcement Authority Over Cybersecurity Practices
Recently, the U.S. Court of Appeals for the Third Circuit ruled that the Federal Trade Commission (the “FTC”) may pursue a lawsuit against Wyndham Worldwide Corporation, a hotel and time-share operator, for “unfair and deceptive” cybersecurity practi...
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Scorched! What Happens to a Brand When a Spokesperson Does the Unthinkable? (Part I)
Jared Fogle and Subway. The two names went together—Jared became, if not famous, at least well known by his many years as the face (and body) of Subway sandwich shops. And Subway's famous SUBWAY brand was integrally tied to Jared. Until it all came c...
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Update: Neiman Marcus Asks for En Banc Review of Recent Seventh Circuit Data-Breach Ruling
We recently wrote a post on this blog analyzing the Seventh Circuit’s ruling that the victims of a Neiman Marcus data breach could proceed with their claims against the retailer. We noted the significance of the decision because it allowed...
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Brexit Updates
We met last week with Dan Reavill and Richard Brown from Travers Smith, who gave us an update on Brexit. Here are the highlights from these two esteemed London lawyers:
Overview. It has been 12 weeks since the historic Brexit vote. And...
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On the Eve of Enacting The Defend Trade Secrets Act
The United States is about to enact The Defend Trade Secrets Act, an overwhelmingly bipartisan effort to provide a federal law civil claim for misappropriation of trade secrets. It is anticipated that President Obama will sign the bill, and it will b...
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Two New Right of Publicity Decisions Heighten First Amendment Tension
We go for months with nothing but the slightest right of publicity kerfuffle here and there; and then, in the space of less than two weeks, we get two major appellate decisions. Both the Eighth and Ninth Circuit Courts of Appeal recently handed down...
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