On June 4, 2021, the European Commission (EC) adopted a modernized set of standard contractual clauses for international data transfers (New SCCs) aimed at better protection of the data businesses transfer out of the European Union (EU). These New SCCs,
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Privacy and Security Roundup: Ransomware attack causes gasoline shortages, a new executive order to enhance cyber security and raising the stakes for trans-Atlantic data transfers
The past few weeks have provided some big developments in the area of data privacy and security. In this Privacy and Security Roundup, we cover a ransomware attack on the largest oil pipeline in the U.S., an Executive Order from…
Privacy and Security Roundup: The FBI removes malicious web shells from Microsoft Exchange Servers, clarity on auto-dialers and new privacy legislation
The technology industry is constantly evolving and trusted legal advice is more important than ever. The attorneys in our Privacy and Data Security practice group are proud to offer a new blog series to provide curated data privacy and security…
Google v. Oracle: Use of copyrightable computer code is a fair use
In a highly awaited software copyright decision, the U.S. Supreme Court recently held that Google LLC’s copying of Oracle’s Java application programming interface (API) is a fair use as a matter of law. Java is a programming language and computing…
A different approach—Virginia’s Consumer Data Protection Act
With Virginia Gov. Ralph Northam’s signature on March 2, 2021, Virginia, a bit surprisingly, became the second state to set comprehensive rules for how companies handle and share personal information. Virginia’s Consumer Data Protection Act (CDPA) will go into effect…
More states tackling biometric privacy: New York’s version of BIPA reintroduced
To start the year, New York lawmakers reintroduced the Biometric Privacy Act – Assembly Bill 27. The bill closely mirrors Illinois’ Biometric Information Privacy Act (BIPA), which has spawned compliance changes and hundreds of class action lawsuits, with some…
Avoiding smart contract conflicts despite ambiguity
A version of this article was originally published by Law360 on Oct. 21, 2020.
Depending on whom you ask, the promise of smart contracts ranges from the mundane to the fantastic—from helping to “facilitate, verify, execute and enforce the terms…
Two new opinions address personal jurisdiction and standing under BIPA
Two recent district court opinions addressed issues of personal jurisdiction and standing under the Illinois Biometric Information Privacy Act (BIPA). BIPA imposes a number of requirements on those who obtain a person’s biometric data, including those set forth in Section…
U.S. Supreme Court says “booking dot yeah” to federal registration in Booking.com trademark case
After filing applications with the U.S. Patent and Trademark Office (USPTO) nearly eight years ago, Booking.com, the travel registration website known for its punny commercial tagline, celebrated victory on June 30, 2020. In an 8-1 decision, the U.S. Supreme Court…
USPTO expedites review of COVID-19-related trademark and patent applications
With an eye toward supporting the fast-moving research and development process of COVID-19 treatments, the U.S. Patent and Trademark Office (USPTO) has announced two new programs aimed at expediting review of certain mark and patent applications. Under each program, applicants…