5/9/2025 5:10:01 PM Circuit Courts Provide Contrasting Perspectives on the Enforceability of Sign-In Wrap Agreements By Regina Gerhardt In the past three months, two federal appellate courts have issued multiple decisions concerning the enforceability of arbitration...
5/8/2025 9:13:25 PM “Tester” Plaintiff Lacks Standing To Assert CIPA Claim By Caren Decter A California federal court recently held that a “tester” plaintiff lacks standing to file lawsuits for invasion of privacy under...
5/6/2025 11:53:11 PM Second Circuit Narrows VPPA’s Scope in Solomon v. Flipps Media, Inc. By Michael Salik Caren Decter In recent years, there has been a wave of lawsuits alleging violations of the Video Privacy Protection Act (“VPPA”), targeting content...
2/11/2025 11:55:47 PM BREAKING: COURT RULES THAT DEVELOPER'S USE OF COPYRIGHTED MATERIAL TO TRAIN AI IS NOT FAIR USE By Jeremy Goldman This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of...
1/29/2025 1:19:17 PM Second Circuit Clarifies When Content Moderation Risks DMCA Safe Harbor By Jeremy Goldman The U.S. Court of Appeals for the Second Circuit recently published an important decision in Capitol Records, LLC v. Vimeo, LLC (Jan. 13,...
10/4/2024 9:35:16 PM SDNY Deals A Blow To ADA Website Accessibility Litigation By Caren Decter The Southern District of New York is quickly becoming a less favorable venue for serial plaintiffs bringing website accessibility...
9/30/2024 7:45:58 PM The Next Target of CIPA Litigation: Search Bars By Caren Decter Over the past two years, we have seen an influx of lawsuits asserting that the use of tracking technologies on websites violates the...
7/26/2024 11:17:48 AM SAG-AFTRA CALLS STRIKE UNDER IMA By Dorian Thomas On July 25, 2024, SAG-AFTRA announced that it had called a strike under the SAG-AFTRA Interactive Media Agreement ("IMA"). The strike...
7/17/2024 10:11:25 PM Are Users Bound By Updated Arbitration Agreements? The Southern District of New York Weighs In By Caren Decter Peter Devlin For years, companies have opted to include mandatory arbitration provisions and class action waivers in their website terms of service to...
3/15/2023 7:29:00 PM BREAKING NEWS: AI-Assisted Works Can Be Protected by Copyright By Craig Whitney Contrary to certain perceived notions that all AI-generated works were not copyrightable, the U.S. Copyright Office has issued a policy...
1/22/2023 3:56:23 PM SDNY Holds That New York's Right of Publicity Law Is Not An Intellectual Property Right and Therefore is Subject to Section 230 Immunity By Edward H. Rosenthal This past week, Judge Jesse M. Furman of the Southern District of New York ruled, in what he called a case of first impression, that a...
1/11/2023 2:36:53 AM New York’s Proposed New Cybersecurity Regulations Will Mandate Big Changes for Many Businesses By Rick Borden Saphya Council The New York Department of Financial Services (“NYDFS”) – a leading rule maker in the cybersecurity world -- has released proposed...
2/23/2022 3:11:53 PM Are NBA Top Shot Moments Securities? Legal Arguments Take Shape in Class Action Against Dapper Labs That Could Rock the World of NFTs By Jeremy Goldman TLDR: In a putative class action lawsuit against Dapper Labs alleging that NBA Top Shot Moments are unregistered securities, the parties...
12/22/2021 11:11:58 PM Instagram Strikes Again: Users Can Now Disable Embedding By Craig Whitney The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...
10/5/2021 8:16:14 PM When is Music in Political Campaigns Transformative? SDNY Judge Rejects Trump's Fair Use Arguments By Glenda Dieuveille Political candidates have long used pop songs in their visual and audio campaign materials. For example, anytime I hear Katy Perry’s hit...
9/7/2021 1:01:17 PM The Right Tool for the Job: Fifth Circuit Revives “Texas Hammer” Trademark Lawsuit By Benjamin G. Murray In online advertising, it’s commonplace for businesses to purchase competitor trademarks as search engine keywords to get in front of...