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Latest from Technology Law Dispatch

Technology Law Dispatch

FinTech patents may not be grounded within the contours of patentable subject matter under Alice

By Lisa A. Chiarini & Herbert F. Kozlov on October 18, 2019

The U.S. District Court for the Southern District of New York recently invalidated Western Express Bancshares, LLC’s (Western Express) U.S. Patent No. 8,498,932 relating to a method of transferring funds through a bankcard. This decision was the result of a motion to dismiss a patent infringement action brought by Western Express against Green Dot Corporation (Green Dot) for the sale of allegedly infringing CashBack Visa® Debit Cards, Reloadable Prepaid Visa® Cards, Load Go Prepaid Visa®…

Technology Law Dispatch

Calculation of administrative fines under GDPR – standardized concept published in Germany

By Christian Leuthner & Sven Schonhofen on October 18, 2019

After a month of rumors, uncertainty, and German data protection authorities being nontransparent, the German conference of data protection authorities (Datenschutzkonferenz, DSK) published the concept for calculating administrative fines for data protection violations (Concept, available here) on October 16, 2019. The Concept sets out a standardized approach regarding the calculation of administrative fines in accordance with article 83(4) and (5) of the General Data Protection Regulation (GDPR) and also takes into account the circumstances…

Technology Law Dispatch

MIAX keeps stocking up the wins against Nasdaq in Fintech patent battle

By R. Eric Hutz, Lisa A. Chiarini & Herbert F. Kozlov on October 16, 2019

Within two weeks, Miami International Holding Inc. and its subsidiaries (MIAX) have attained five victories before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. The PTAB declared that five Nasdaq patents (U.S. Patent Nos. 6,618,707, 7,246,093, 7,921,051, 7,747,506, and 8,386,371), related to electronic securities trading systems, are invalid under 35 U.S.C. section 101. Section 101 defines patent-eligible subject matter. MIAX awaits the PTAB’s decision on an additional patent (U.S.…

Technology Law Dispatch

Office of Administrative Law approves an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED)

By Todd O. Maiden & Jessica I. Wilson on October 16, 2019

The Office of Administrative Law approved an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED) on October 8, 2019. When a California consumer buys a CED – generally, any video display device with a screen larger than four inches – from a retailer, a CEW recycling fee is assessed. These fees fund the Department of Resources Recycling and Recovery (CalRecycle)’s CEW Recycling Program. The fee adjustments will take effect…

Technology Law Dispatch

California attorney general issues draft CCPA regulations

By Kimberly Gold, Bart Huffman, Samuel F. Cullari, Wendell Bartnick & Alexis Cocco on October 14, 2019

On October 10, 2019, California Attorney General Xavier Becerra issued proposed regulations implementing and interpreting the California Consumer Privacy Act (CCPA). The draft regulations address privacy policies, consumer notices, practices for handling consumer requests, ways to verify consumer requests, requirements regarding minors, and rules governing nondiscrimination practices. The regulations are currently in draft form, with a public comment period set to close on December 6, 2019. For a more in-depth discussion of the regulations, their…

Technology Law Dispatch

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

By Dr. Andreas Splittgerber, Cynthia O’Donoghue, Ramona Kimmich & Daniel Millard on October 7, 2019

In its judgment of 1 October 2019, the European Court of Justice (ECJ) decided on cookie consent requirements under the General Data Protection Regulation 2016/679/EU (GDPR) and the Cookie Directive 2002/58/EC (Cookie Directive) (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (the Judgment)). The ECJ set clear requirements on what cookie consent must look like. However, the requirements for when websites must ask for cookie consent may vary from…

Technology Law Dispatch

With latest lawsuit, New York attorney general continues to demand cybersecurity compliance

By Kimberly Gold & Jacqueline Lefebvre on October 3, 2019

In a continued pursuit for cybersecurity compliance, New York Attorney General (AG) Letitia James has sued Dunkin’ Brands, Inc. (franchisor of Dunkin’ Donuts) over two data breaches in 2015 and 2018, accusing the company of mishandling a series of cyberattacks that together compromised more than 320,000 customer accounts. In the complaint filed last week, AG James alleges that Dunkin’, by failing to notify consumers of the breaches or to take sufficient steps to investigate and…

Technology Law Dispatch

The e-Privacy Regulation saga rumbles on

By Cynthia O’Donoghue & John O'Brien on October 3, 2019

The long-running e-Privacy Regulation saga continues. On 18 September 2019, the Council of the European Union (the Council) released proposed amendments to the draft regulation. We take a look at some of the proposals. Proposals The draft e-Privacy Regulation will replace the current Directive 2002/58/EC to “reinforce trust and security in the Digital Single Market”. It was meant to be introduced concurrently with GDPR in May 2018. However, it has been subject to many delays,…

Technology Law Dispatch

A new California privacy initiative seeks to further bolster individual privacy rights

By Kimberly Gold, Gerard Stegmaier, Alexis Cocco, Jacqueline Lefebvre & Taber Rueter on September 30, 2019

Another potentially groundbreaking California ballot initiative has been announced, just as companies began to digest and incorporate the amendments to the California Consumer Privacy Act (CCPA) into their compliance plans and learned the draft CCPA regulations will be issued by the California Attorney General in October. Last week, the primary advocate for and co-architect of the CCPA announced a new privacy initiative for California’s November 2020 ballot – the California Privacy Rights and Enforcement Act …

Technology Law Dispatch

Forget-me-not: Google v. CNIL defines territorial scope of the right to be forgotten

By Cynthia O’Donoghue, Daniel Millard & Friederike Detmering on September 24, 2019

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Today, the European Court of Justice (ECJ) handed down its decision in Google v. CNIL, dealing with the remit of the ‘right to be forgotten’ (RTBF). In short, the ECJ held that the operator of a search engine is not required to carry out de-referencing on all domain extensions of its search engine when dealing with a RTBF request. It is required, however, to carry out de-referencing on the versions of its search engine corresponding…

Technology Law Dispatch

Blog Authors

FinTech patents may not be grounded within the contours of patentable subject matter under Alice

Calculation of administrative fines under GDPR – standardized concept published in Germany

MIAX keeps stocking up the wins against Nasdaq in Fintech patent battle

Office of Administrative Law approves an adjustment to the covered electronic waste (CEW) recycling fee for covered electronic devices (CED)

California attorney general issues draft CCPA regulations

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

With latest lawsuit, New York attorney general continues to demand cybersecurity compliance

The e-Privacy Regulation saga rumbles on

A new California privacy initiative seeks to further bolster individual privacy rights

Forget-me-not: Google v. CNIL defines territorial scope of the right to be forgotten

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