Is scraping data from a publicly available website trade secret misappropriation? Based on a new opinion from the Eleventh Circuit, It might be.
In Compulife Software, Inc. v. Newman, Compulife Software, a life insurance quote database service alleged that
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Madden Put to Rest? – OCC Finalizes Rule Reaffirming “Valid When Made” Doctrine
The Office of the Comptroller of the Currency (OCC) finalized a rule on May 29, 2020, that reaffirms the “valid when made” doctrine applicable to loans originated by a national bank. According to Acting Comptroller of the Currency Brian Brooks, the final rule “clarif[ies] that…
Newly Released SEC Statement Permits Closed-End Funds’ Reliance on Control Share Acquisition Statutes as Defensive Measure
The staff of the SEC’s Division of Investment Management (the “Division”) issued a new statement (the “Staff Statement”) on May 27, 2020, addressing the intersection between state control share acquisition statutes and the voting requirements contained in section 18(i) of…
Court Discovers Rare and Elusive “Enforceable Browsewrap”
By Aaron Rubin & Jackie Li
As we have noted many times in prior articles, courts often refuse to enforce “browsewrap” agreements where terms are presented to users merely by including a link on a page or screen without requiring affirmative acceptance. Courts typically look…
Social Links: A report suggesting DMCA changes; a new social-media-use regulation for Fla. Bar members; big changes at Facebook
A new report from the U.S. Copyright Office suggests that Congress should fine-tune the Digital Millennium Copyright Act (DMCA) to, among other things, alter the takedown system that platforms must adhere to in order to be eligible for the safe…
First Mover: The OCC Finalizes its CRA Rule
On May 20, 2020, the OCC published a final rule intended to modernize the rules implementing the Community Reinvestment Act (“CRA”). While the CRA is administered jointly by the OCC, the FDIC, and the Federal Reserve, the OCC alone is…
CFPB Issues Guidance Concerning COVID-19-Related Regulatory Pain Points
This client alert provides an overview of three recent CFPB guidance documents highlighting existing regulatory flexibility and responsibilities for financial institutions when interacting with consumers in the context of the COVID-19 pandemic:
- A statement notifying credit card issuers and other
…
Federal Reserve Updates Key Features of the Main Street Lending Program
On April 30, 2020, the Board of Governors of the Federal Reserve System (“FRB”) announced an expansion of the Main Street Lending Program (“MSLP”) and clarified certain aspects of the program through publication of a list of FAQs. In general,…
Social Links: Online censorship in China; Florida legislation to thwart gang activity online; influencers criticized for breaking quarantine rules
By Aaron Rubin
China’s “internet police,” who coordinate online censorship, have become especially busy since the coronavirus outbreak.
Inspired by homicides that were precipitated by social media posts created by one group of teenagers to incite another, a Florida bill would allow law…