On September 12, 2022, the Cybersecurity and Infrastructure Security Agency (CISA) announced that they have begun the process of soliciting input to draft the regulations required under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). CIRCIA was passed and signed into law by President Biden earlier this […]
Technology & Intellectual Property Update
CFPB Issues Market Report on Buy Now, Pay Later; Indicates it’s Ready to Regulate
on Wednesday, 21 September 2022 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
On September 15, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued a report offering insights into the burgeoning Buy Now, Pay Later (“BNPL”) industry (the “Report”).The Report follows, and is largely based on, 2021 market monitoring orders the CFPB issues to 5 BNPL providers to provide the CFPB with data […]
FTC Publishes Advanced Notice of Public Rulemaking
on Friday, 19 August 2022 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
On August 11, the Federal Trade Commission published an Advanced Notice of Public Rulemaking regarding Commercial Surveillance and Data Security. At the core of the Notice is a focus on data privacy of individuals, in particular privacy online and in the ad tech space. In its own words, “the Commission invites […]
CFPB Puts Digital Marketers in the Cross-Hairs
on Friday, 19 August 2022 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
On August 10, 2022, the Consumer Financial Protection Bureau (“CFPB”) issued an interpretive rule aimed at digital marketers that provide services to financial service companies (the “Interpretive Rule”). The Interpretive Rule seeks to clarify when such digital marketers are required to comply with federal consumer protection law. The short answer […]
Scope of On-Sale Bar “Commercial Purpose” Standard Clarified
on Tuesday, 26 July 2022 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
In its recent decision in Sunoco Partners v. U.S. Venture, the Federal Circuit affirmed that non-monetary consideration can prove the existence of a “commercial offer for sale” for purposes of the on-sale bar and explained the circumstances under which equipment testing is sufficient to satisfy the experimental use exception. This […]