Perkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

Perkins Coie and XR Association survey of over 160 professionals found that immersive technology’s prospects have been strengthened by the pandemic.

David Pekarek Krohn of Perkins Coie talks with Dan Fiden, president of Cloud9 Esports, Inc. They discuss how the pandemic affected the esports industry, where things might go from here, and the generational shift between traditional sports and esports.

Curated by Perkins Coie’s Digital Media & Entertainment, Gaming, and Sports industry group, each podcast will focus on how the digital age is affecting the transformation of the media ecosystem. 

Our first podcast in the Innovation Unlocked: Exploring the Next Level of the Interactive Entertainment Industry not only features firm client Immertec, but also highlights one of the key findings in the XR Industry Insider - 2021 XR Survey released July 14, 2021.

Perkins Coie is pleased to present the second edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

In this episode, Perkins Coie Partner Eric Greenberg sits down with Lori Schwartz, founder of StoryTech, to discuss the way AI is changing the production of content, why those changes are even more relevant in a Covid-19 world, and how AI is changing immersive and interactive storytelling by blurring the lines between games and stories.

In this episode, Jason Schneiderman sits down with Ryan Horrigan to discuss how the company uses of AI with voice, texting, and camera input to build more personalized and immersive gameplay.

COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors.

The Entertainment Software Ratings Board (ESRB) issued a new labeling requirement for games containing “loot boxes” in April 2020.

The COVID-19 pandemic is upending the entertainment industry, with music, film and television, and other industry sectors experiencing profound disruptions to the status quo.

The COVID-19 pandemic is rapidly cutting a wide swath of change in the entertainment industry.

Perkins Coie, XR Association, and boost VC surveyed nearly 200 professionals representing startups, enterprise technology firms, and investors for their insights on the trajectory of the immersive technology industry.

Perkins Coie surveyed 200 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the immersive technology space.

As of January 1, 2019, video game developers and publishers are now subject to certain accessibility requirements under the Twenty-First Century Communications and Video Accessibility Act (CVAA) that apply to manufacturers and providers of advanced communications services (ACS).

Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

Google won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.

Perkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.

Augmented reality and virtual reality are showing clear signs of a growing industry—with increased investment, exciting new content (and types of content) and technological advancements.

From fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay.

This update has been republished in California Lawyer on 12.04.2014, "Auto-Renewal Update."

The launch of Pokémon Go in July took the world by storm, with downloads of the AR game reaching more than 100 million within a month, and 2016 saw the launch of several VR headsets.  Multiple studies have predicted significant growth for the industry, including a January 2016 report from Goldman Sachs projecting that AR/VR will be an $80 billion market by 2025.

Perkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework.

Based on their interpretation of Washington state gambling laws, many fantasy sports game operators do not allow players from Washington to participate in pay-to-play fantasy sports games.  Game operators and players alike were hopeful this would change when Washington state legislators proposed new legislation to legalize fantasy sports games in their state.

On April 29, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a series of administrative rulings determining whether five different companies constitute money services businesses under FinCEN regulations.

“Net neutrality” has become one of the most hotly debated issues before lawmakers and regulators in Washington this year.

The Federal Trade Commission (FTC) recently investigated whether Cole Haan’s “Wandering Sole” social media contest violated Section 5 of the FTC Act, which prohibits deceptive practices.

The FCC last week issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA).  While the rulings in each are limited to the specific requests set forth in the petitions, they include broad language and reasoning that will be helpful for businesses looking for ways to reach their customers without running afoul of the TCPA.

The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation network.  In re Sony Gaming Networks & Customer Data Sec. Breach Litig., MDL 11MD2258 AJB MDD, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) (Sony II).

On January 30, 2014, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two administrative letter rulings that clarify the application of FinCEN’s regulations to certain participants in the virtual currency ecosystem.

California recently enacted two laws regarding Do Not Track Transparency and Advertising to Minors that will have a significant impact on all companies that operate commercial websites, host mobile applications or provide advertising or analytics technology services.

Facebook recently updated its Promotion Guidelines to ease restrictions on conducting contest and sweepstakes promotions on the Facebook platform.  Facebook previously required promotion sponsors to administer promotions through apps and restricted sponsors’ use of basic Facebook functions, such as a "like" or a message to a sponsor’s Facebook Page, in connection with a promotion.

The Securities and Exchange Commission (SEC) took a giant step in fulfilling its rulemaking obligation under the 2012 Jumpstart Our Business Startups (JOBS) Act last week when it released proposed Regulation Crowdfunding.

A political action committee has sought an advisory opinion from the Federal Election Commission as to whether bitcoins can be accepted as political contributions and, if so, how bitcoins should be characterized and valued by recipients.

In response to the SEC’s first civil complaint arising from online virtual currency trading, alleged Bitcoin Ponzi schemer Trendon Shavers recently challenged the district court’s authority to hear the case.

On July 1, 2013 the FTC’s amended COPPA Rule went into effect. On the same day, the commission also released a six-step compliance plan to aid businesses in complying with the new rule. On July 26, the commission issued further guidance on the rule, particularly as it applies to social network plug-ins and ad networks, in the form of updated FAQs.

Even as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection.  On July 24, the Digital Advertising Alliance (DAA) and the Network Advertising Initiative (NAI) each released rules governing the use of data collected through mobile applications.

On July 23, 2013, the SEC ventured into the electronic currency world by filing a civil complaint against virtual currency “trader” Trendon Shavers and his company, Bitcoin Savings and Trust, in the U.S. District Court for the Eastern District of Texas.

On Tuesday, July 16, 2013 the Tracking Protection Working Group of the World Wide Web Consortium (W3C) rejected a proposal put forward by the Digital Advertising Alliance (DAA) to reframe the activity covered by Do Not Track (DNT) signals.

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13.  Last month, the FTC also issued an updated set of Frequently Asked Questions regarding the revised COPPA Rule.  The revised COPPA Rule went into effect today, July 1, 2013, and will impact "operators" of certain websites and online services for a long time to come.

Federal authorities have initiated several recent enforcement actions that are indicative of continuing regulatory changes in the virtual currency industry.

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation.  These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act (FEEPEA), have increased the criminal penalties for stealing trade secrets, including fines in excess of $10 million.

To address a perceived gap in regulatory treatment of increasingly popular virtual currencies, including Bitcoin, the U.S. Department of the Treasury Financial Crimes Enforcement Network (FinCEN) released new guidance on March 18, 2013.

The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability of retailers to collect personal identification information (PII) from consumers in connection with a credit card transaction.

The Internet Corporation for Assigned Names and Numbers (ICANN), which is charged with enabling and securing the Internet, has been hard at work on a significant expansion project.

As more countries join the Madrid Protocol System for the International Registration of Marks (Madrid System), trademark owners should be sure to take full advantage of this trademark registration option.  There are now 89 members of the Madrid System.  Significantly lower application and maintenance costs, as well as streamlined portfolio management options, are just a few of the reasons why the Madrid System is advantageous for trademark owners.

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities.

On March 16, 2013, the America Invents Act (AIA) changes U.S. patent law from a first-to-invent system to a first-inventor-to-file system, which moves U.S. patent law into closer harmony with most industrialized nations throughout the world. Among other practical consequences, this change will (1) expand the scope of what constitutes prior art and (2) phase out interference proceedings used to resolve disputes regarding who first invented a technology.

In a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission released a Declaratory Ruling regarding the Telephone Consumer Protection Act (TCPA) pursuant to a request by SoundBite Communications, Inc.

On August 21, 2012, the U.S. District Court for the Eastern District of New York held that poker is a game of skill and thus running a poker game or business is not subject to federal prosecution under the federal Illegal Gambling Business Act ("IGBA").  Following on the heels of the Justice Department's September 20, 2011 ruling that the Wire Act (which prohibits using wire-line communications to place or receive bets) only applied to sports betting, last week's ruling may be another step toward legalizing online poker.

On January 5, 2012, the U.S. Court of Appeals for the Third Circuit affirmed the decision of the U.S. District Court of the District of New Jersey with respect to 2010 N.J. Laws Chapter 25, which amended New Jersey's unclaimed property statute.

NBC, FOX Broadcasting and other defendants reached a multi-million dollar settlement with plaintiffs in multiple California class action lawsuits alleging that American Idol and Deal or No Deal SMS sweepstakes were illegal lotteries.

On September 15, 2011, the Federal Trade Commission (FTC) released the changes it is proposing to make to the Children’s Online Privacy Protection Rule (required by the Children’s Online Privacy Protection Act, or COPPA), which has been in effect since 2000. To address technological developments in the past decade, the FTC is recommending a number of changes.

On July 26, 2011, the Financial Crimes Enforcement Network of the Department of the Treasury ("FinCEN") issued a final rule amending the Bank Secrecy Act's regulations and establishing comprehensive regulatory requirements for prepaid access ("Final Rule").

In a matter of months, the amount of "Internet real estate"—which has been static for the past several years—will expand dramatically. Companies, organizations, cities and others will be able to apply to ICANN to launch new domain spaces using brand names (for example, .nike), generic terms (such as .shoes) and locations (such as .nyc).

On April 20, the Federal Circuit issued its long-awaited en banc decision in TiVo Inc. v. EchoStar Corp.,[1] vacating one ground for a contempt citation but affirming the other and upholding a $90 million sanction.  Along the way, the court significantly revised its approach to contempt proceedings in ways that may both help and hurt patentees in future cases.

On June 29, 2010, New Jersey enacted Assembly Bill 3002, which substantially revised the state’s unclaimed property laws.[1]  Many of these revisions directly impact issuers of “stored value cards,” which broadly includes paper gift certificates, gift cards, rebate cards, and other products.[2]  This white paper discusses AB 3002’s requirement to collect consumer names, addresses and zip codes and the abandonment period for stored value cards.

In late 2010, the Restore Online Shoppers' Confidence Act, (ROSCA), passed in both chambers of Congress and, on December 29, 2010, was signed by the President. ROSCA will become law once final administrative actions are complete. The Act contains two primary prohibitions: (1) it prohibits and prevents Internet-based post-transaction third party sales and (2) it imposes specific requirements on negative option features.  The relevant terms and provisions are summarized in more detail below.

If your business provides automatically renewed or continuous subscriptions for services such as online games, online or print publications, or other subscription content, then you will need to tailor your service offers to California residents to meet the requirements of California Senate Bill 340 ("SB 340") by December 2010

Join Perkins Coie at one of the upcoming conferences we’ll be attending!

Perkins Coie Senior Counsel Mack Shultz and Associate Dan Ridlon presented a product liability workshop dedicated entirely to virtual reality. The presentation featured an interactive case study spanning a product’s entire life cycle, from initial design to consumer use. Topics covered included liability for software vs. hardware, analyzing and mitigating product risks, managing documents to avoid litigation pitfalls and product recalls.

Perkins Coie Partner Brendan Murphy and Associate Dan Ridlon presented a product liability workshop dedicated entirely to virtual reality. The presentation featured an interactive case study spanning a product’s entire life cycle, from initial design to consumer use. Topics covered included liability for software vs. hardware, analyzing and mitigating product risks, managing documents to avoid litigation pitfalls and product recalls.

This discussion will address application of the Prepaid Access Final Rule, its intent and purpose, and the regulatory expectations.

This discussion will address lessons learned from the Sony data breach and other recent cases. We will also address how to work with law enforcement and what steps your company should be taking to enhance security and strengthen the network infrastructure.

Many interactive gaming platforms and sites provide users the ability to communicate with other users through chat or other messaging systems, or allow their users to store and process data in the service. The Electronic Communications Privacy Act ("ECPA") is the federal law that regulates how these types of services can access, use, and disclose information about their users and the communications users send through or store in the service. This session will provide a high-level overview of ECPA.

As a follow-up to our previous roundtable "Virtual Currencies: Real Legal Issues for Interactive Entertainment Companies" we will examine more closely the unclaimed property issues associated with virtual currency systems and customer loyalty programs and also dive into the revenue and liability recognition issues associated with virtual currency systems and customer loyalty programs.

In the past 19 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.