Technology & Intellectual Property Update

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 […]

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 […]

As discussed in last month’s edition of the Technology & Intellectual Property Update, the California Privacy Protection Agency the (“Agency”) released CPRA draft regulations in late May that would promulgate the amendments made to the California Consumer Privacy Act (“CCPA”) by the California Privacy Rights Act (“CPRA”). On July 8th, the Agency […]

On May 19, 2022, the Department of Justice (DOJ) announced a change in its policy for prosecution of violators of the Computer Fraud and Abuse Act (CFAA).  Under the new policy, good-faith researchers, pen-testers, or bounty hunters will not be prosecuted.  The announcement is a welcome clarification for researchers and […]

The California Privacy Protection Agency (the “Agency”) released draft regulations on May 27, 2022, that are intended to implement portions of the California Consumer Privacy Act (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”).  The regulations focus on issues ranging from opt-out preferences to consumer complaints as companies […]