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IP & Technology Law Trends

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Companies Face a New Wave of Class Action Privacy Litigation
Plaintiffs class action lawyers have latched onto privacy litigation as their next big meal ticket. Over the past year, companies have faced a new barrage of lawsuits under the federal Video Privacy Protection Act (VPPA), and state and federal...
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Consider Protecting Your Brands Early in the Era of Artificial Intelligence
Artificial Intelligence (AI) is the latest emerging technology that is overtaking news headlines and transforming the way we live, learn, and work. The term generally refers to content created or produced by artificial intelligence algorithms, with c...
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Ninth Circuit Confirms Embedding Remains Fair Use
Every second of every day, social media and internet users repost or link to copyrighted content from other websites, or other posts. It may seem strange to even think about whether such use might be found to be other than fair. But viewed from the...
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Oregon Joins the Comprehensive State Privacy Law Elite 11
On July 18, 2023, the Oregon governor signed into law SB 619, Oregon’s Consumer Privacy Act (OCPA). OCPA is, in many ways, very similar to the other comprehensive state privacy laws1. However, in keeping with the state motto alis volat propriis (“She...
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What Lies Ahead for Jack Daniel’s and for the Rogers Test?
To read the headlines of many media and legal news articles reporting on the Supreme Court’s recent decision in VIP Products, LLC v. Jack Daniel’s Properties, Inc., you’d think that the Court held that the dog chew-toy called “Bad Spaniels”, parodyin...
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The FTC Is INFORMing Businesses That It Plans to Enforce This E-commerce Act
You may have missed it, but the Federal Trade Commission (FTC) hasn’t. On June 27, 2023, the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the INFORM Consumers Act) is live and enforceable. The FTC has been pu...
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