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 […]
Technology & Intellectual Property Update
Supreme Court Applies Fair Use Doctrine to APIs
on Thursday, 1 July 2021 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
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 […]
State Data Privacy Legislation Update
on Thursday, 1 July 2021 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
Colorado Earlier this month, Colorado joined California and Virginia as the third state to pass a comprehensive consumer data privacy bill. The Colorado Privacy Act (“CPA”) is a broad privacy law that applies to entities that produce products or services targeted to Colorado residents that either (i) control or process […]
Whose “Bank” is it Anyway? State Enforcement Actions Against Chime Underscore the Pitfalls of Using “Bank” Terminology
on Thursday, 27 May 2021 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
As the payments industry awaits expected increases in enforcement activity from the newly revamped Consumer Financial Protection Bureau, two recent state level actions brought against digital banking platform Chime have underscored the importance of financial service marketing activities conducted by non-bank entities and the use of the terms “bank” or […]
A Review of the CCPA’s Private Right of Action
on Thursday, 27 May 2021 in
Technology & Intellectual Property Update: Arianna C. Goldstein, Editor
In March, we examined trends in the California Attorney General’s enforcement of the California Consumer Protection Act (the “CCPA”), and this month we’ll look at trends in suits arising from the CCPA’s private right of action. As a reminder, the CCPA provides a private right of action that allows consumers […]
