Technology & Intellectual Property Update

On May 3, 2023, Iowa became the fourth state to pass a law providing companies with an affirmative defense against suits alleging that the organization failed to implement reasonable information security controls which then led to, or resulted in, a data security breach.  The other states that have passed similar […]

Earlier this month, the Consumer Financial Protection Bureau (“CFPB”) announced it was entering into multiple consent orders with Bank of America (collectively, the “Orders”) in connection with its consumer account programs. The Orders impose $150 million in penalties against Bank of America ($90 million payable to the CFPB, $60 million […]

In a recently issued opinion by the United States Court of Appeals for the Eleventh Circuit, Ramirez v. The Paradies Shops, LLC[1], the court found that a plaintiff may allege negligence under common law for an employer’s failure to protect the personal, sensitive information of an employee. The facts of […]

Over the past several weeks, the Federal Deposit Insurance Corporation (“FDIC”) has issued a spate of cease and desist letters targeted to fintech companies over what the FDIC believes are false and/or misleading statements and assertions as to the insured status or coverage of the fintechs’ products. The targeted companies […]

On May 18, 2023, the United States Supreme Court held that portraits of the late musician, Prince, by Andy Warhol did not constitute “fair use” under copyright law and instead infringed on the original copyrighted photograph taken by Lynn Goldsmith. The 7-2 decision in Andy Warhol Foundation for Visual Arts, […]