Earlier this month, three federal bank agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (each an “Agency” and, collectively, the “Agencies”) – issued a request for public comment related to joint guidance proposed […]
Technology & Intellectual Property Update
Supreme Court Vacates Ninth Circuit’s LinkedIn Data-Scraping Decision, Raising Questions Regarding Access to Information Publicly Available Online
On June 14, 2021, the U.S. Supreme Court granted certiorari by summary disposition in hiQ Labs, Inc. v. LinkedIn Corp., vacating the decision of the U.S. Ninth Circuit Court of Appeals, and remanding the case to the Ninth Circuit for further consideration in view of the Supreme Court’s recent decision […]
Connecticut Incentivizes Cybersecurity
Connecticut became the latest state to provide an incentive for private entities to adopt cybersecurity frameworks and a safe-harbor from private causes of action resulting from cyber breaches. The state joins Ohio and Utah in providing such protections under its Cybersecurity Standards Act.[1] The law provides protections to businesses from […]
Cyber Security from the Desk of the President
President Biden signed an Executive Order[1] in May 2021 directing federal agencies to take several proactive steps to help the nation defend against cyber security attacks. The Order is drafted with very specific implementation steps, which is a departure from prior orders. Prior executive orders were often purposefully vague, leaving […]
Supreme Court Applies Fair Use Doctrine to APIs
Earlier this term, in Google LLC v. Oracle America, Inc. the Supreme Court issued an impactful ruling holding that Google’s use of Oracle’s application programming interfaces (APIs) did not constitute copyright infringement under the fair use doctrine. Importantly, the Supreme Court did not decide whether such APIs were copyrightable –leaving […]