Eric Goldman
NOVEMBER 11, 2023
The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””
Attorney at Work
OCTOBER 29, 2021
All your interactions with these virtual home assistant devices are recorded, and the recordings are likely being reviewed by a company employee and fed back into their system to improve the AI central to the device’s functioning. But danger lurks behind certain tech when working from home. SOMETHING WICKED THIS WAY COMES.
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Debevoise Data Blog
OCTOBER 12, 2021
The DPA investigated the transfers following press reports, and found that the company had breached the GDPR by: Not having an appropriate data processing agreement in place; Failing to perform a risk assessment for the engagement; and Not having a lawful basis for transferring personal data outside the EEA to China ( e.
Eric Goldman
JUNE 20, 2023
Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.
Eric Goldman
AUGUST 11, 2023
Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.
Eric Goldman
MARCH 29, 2023
By guest blogger Elizabeth Townsend Gard , John E. Consistent with the CCB’s small claims court ethos, the case involved both a pro se claimant and respondent. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] This is done by a staff attorney.
Debevoise Data Blog
NOVEMBER 21, 2023
Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.
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