The Consumer Financial Protection Bureau announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule would implement section 1033 of the Consumer Financial Protection Act of 2010, which gives consumers the right to access their financial data and authorizes third parties to access it on their behalf.

2023 was a breakout year for generative artificial intelligence, but it was a rough year for protecting the content generated using such technology. The U.S. Copyright Office issued several rulings last year on the question of when works generated using AI technology are protected under U.S. copyright law, and so far, applicants have not been able to convince the Copyright Office that the AI-generated components of their works are protectable.

The Federal Trade Commission issued a supplemental notice of proposed rulemaking on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide goods or services (including artificial intelligence technology) with knowledge or reason to know they will be used to engage in unlawful impersonation of individuals, government, or businesses; and (2) prohibit impersonation of individuals.

AI-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled.

On February 1, 2024, the Federal Trade Commission announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment.

Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and user-generated content risks associated with their online services.

The latest additions to the patchwork of state and federal regulations with which businesses offering subscriptions must comply are a new Kentucky law governing subscriptions offered in that state and the Federal Trade Commission’s proposed amendments to its “Negative Option Rule.”

The Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023.

The Federal Trade Commission gave privacy lawyers a long-awaited Christmas present on December 20, 2023: its notice of proposed rulemaking to amend the Children’s Online Privacy Protection Act Rule. The NPRM follows a review of the COPPA Rule initiated by the FTC four years ago and the submission of over 175,000 public comments.

The Corporate Transparency Act, designed to combat the use of shell companies for illicit purposes and increase ownership transparency in corporate structures, takes effect on January 1, 2024

After a series of intensive negotiations among representatives of the European Union’s three governing bodies, the EU has concluded its “trilogue” meetings with a “political agreement” on the terms of its forthcoming Artificial Intelligence Act.

In a politically divided 3-2 vote, the FCC updated its data breach notification rules, which had been in effect since before the release of the first iPhone.

This Update discusses how the Corporate Transparency Act rules will affect directors and senior officers of CTA reporting companies, in particular. All senior officers, directors and their advisers, and counsel should be aware of these rules and potential implications.

The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI.

Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information was regulated under HIPAA. Today, by contrast, the privacy of health-related personal information is under close scrutiny by the FTC, the U.S. Department of Health and Human Services’ Office for Civil Rights and state regulators.

Last week, the UK’s Online Safety Bill received royal assent and became law. With this development, Ofcom, the regulator for the new Online Safety Act, has published a roadmap to explain how the Act will be implemented over the next two years.

The White House recently issued its most extensive policy directive yet concerning the development and use of artificial intelligence (AI) through a 100-plus-page Executive Order (EO) titled "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and accompanying “Fact Sheet” summary.

Under an amendment to the Safeguards Rule under the Gramm-Leach-Bliley Act announced on October 27, 2023, the Federal Trade Commission will require a broad range of nonbank financial institutions to notify the FTC of instances of the unauthorized acquisition of unencrypted, personally identifiable, nonpublic financial information of more than 500 customers.

The Federal Communications Commission recently adopted a Notice of Proposed Rulemaking to reestablish its authority over broadband internet access service by reinstating its net neutrality rules.

A significant number of federal legislative proposals that focus on online child safety have been introduced. If enacted, they would modify online providers’ obligations to remove and report child sexual exploitation content, as well as require providers to implement notice and takedown mechanisms for certain CSE content.

Governor Gavin Newsom recently approved California’s SB 244, also referred to as the Right to Repair Act, positioning California as a pivotal state advocating for comprehensive electronics or appliance repair rights.

From artificial intelligence (AI) tools that can generate highly sophisticated art, music, and conversation to technology capable of recreating Elvis on the big screen, a recent explosion and maturing of generative  AI technologies is disrupting all forms of content.

The U.S. Department of Homeland Security announced new policies on September 14, 2023 regarding its use and acquisition of artificial intelligence technologies, including facial recognition and face capture technologies. DHS also appointed Eric Hysen as the department’s first chief AI officer.

The U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics America, Inc., and Samsung Electronics, Co., Ltd. to arbitrate according to Samsung’s Terms & Conditions and ordered Samsung to pay over $4 million in initial fees to the American Arbitration Association before the merits of any individual claims are considered.

Following a related request for information earlier this year, the Consumer Financial Protection Bureau announced on August 15, 2023, its intention to launch rulemaking targeting data brokers.

The U.S. Food and Drug Administration (FDA) released a new set of guidelines on August 15, 2023, concerning informed consent (Final Guidance).

The Federal Financial Institutions Examination Council released the fifth phase of updates to the FFIEC Bank Secrecy Act/Anti-Money Laundering Examination Manual on August 2, 2023.

In the education space, the Federal Trade Commission (FTC) announced an enforcement order against edtech company Edmodo, who it alleged to have violated the Children’s Online Privacy Protection Act (COPPA). Edmodo, a business-to-consumer (B2C) online learning platform, provides K-12 teachers with tools to connect with students and parents, such as virtual classroom spaces.

The Federal Communications Commission is seeking public comment on the feasibility, benefits, and limitations of techniques that can help advance the FCC’s understanding of “nonfederal” spectrum usage.

As of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals.

The day before the California Privacy Rights Act became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency under the CPRA is delayed until March 29, 2024. Prior to the June 30 ruling by a California Superior Court judge, the Regulations were set to become immediately effective on the CPRA’s July 1 effective date.

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use.

Senate Majority Leader Charles Schumer (D-NY) unveiled his much-anticipated, bipartisan legislative framework for regulating artificial intelligence during recent public remarks. To support this new framework and the resulting policy proposals, Senator Schumer has formed a bipartisan AI working group that will work closely with the leaders of the Senate’s Commerce, Homeland Security, Antitrust, Judiciary, and Intelligence committees to shape the draft legislation.

Federal Communications Commission’s Chairwoman Jessica Rosenworcel announced the formation of a Privacy and Data Protection Task Force at the FCC during a recent speech at the Center for Democracy and Technology Forum on Data Privacy.

On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration.

Texas Governor Greg Abbott signed the Texas Data Privacy and Security Act into law on June 18, 2023. The comprehensive privacy and data security law will go into effect on July 1, 2024.

Crafting an appropriate AUP for generative AI is a process that requires careful consideration and collaboration across multiple departments. Each policy will be different, reflecting the company’s business needs and culture, the nature of the intended uses of such tools, and the company’s level of risk tolerance in light of its industry and the applicable evolving legal and regulatory landscape.

The FTC issued a policy statement on May 18, 2023, addressing privacy and data security concerns and the potential for bias and discrimination relating to the collection and use of biometric information. In the Biometrics Policy Statement, the FTC lists specific examples of business practices relating to biometric information that it will scrutinize under Section 5 of the FTC Act, which prohibits unfair or deceptive acts and practices.

The National Science and Technology Council recently bolstered the Biden administration’s continued focus on responsible AI development by announcing an update to the National Artificial Intelligence Research and Development Strategic Plan.

On April 27, 2023, Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act. Its stated purpose is to protect “consumer health data” collected by entities not already subject to the federal Health Insurance Portability and Accountability Act, but one less obvious consequence of the Act is that it may make Washington state a new hot spot for class-action litigation involving biometric privacy.

The EU was in the process of implementing its AI Act, first proposed on April 21, 2021, before generative AI chatbots were widely released. This Update provides a fresh look at the AI Act’s legislative status and its substantive evolution before it becomes legally effective.

Creators in film, television, music, and gaming are increasingly turning to artificial intelligence and machine learning models to deliver new content and experiences to audiences. While providing many benefits, some applications of AI/ML in these contexts could potentially trigger biometric privacy laws.

The recent dramatic growth of artificial intelligence (AI) technologies continues to be a focus of the Biden administration.

The California Privacy Rights Act enforcement deadline draws near, but companies can’t focus solely on consumer data. California is the first state to apply comprehensive restrictions on the collection and use of employment and business-to-business data.

This Update is the second in a three-part series on legal issues surrounding generative technologies. This second installment discusses the initial lawsuits filed involving these technologies and how these issues may be addressed by the courts for the first time.

California’s Age-Appropriate Design Code is a first-of-its-kind children’s privacy law in the United States that is scheduled to go into effect in 2024. The CA AADC is applicable to online services, products, or features that are likely to be accessed by children.

The National Labor Relations Board recently ruled in McLaren Macomb that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act. Recently, NLRB General Counsel Jennifer A. Abruzzo issued a memorandum to all regional directors, officers-in-charge, and resident officers to “assist Regions in responding to inquiries from workers, employers, labor organizations, and the public about implications stemming from the case.”

The Consumer Financial Protection Bureau announced on March 15, 2023, that it is issuing a Request for Information about the business practices of data brokers, which the agency said will assist it in “planned rulemaking” under the Fair Credit Reporting Act.

There have been two important developments in recent weeks regarding the U.S. Copyright Office’s position on registering works created by the use of artificial intelligence (AI) technology. First, on February 21st, the Copyright Office issued its much-anticipated decision regarding the registration of a graphic novel by artist Kristina Kashtanova that included images generated using the AI tool Midjourney. Then, on March 15th, the Copyright Office issued a policy statement providing its first guidance on the subject of copyright registration for works generated by AI.

The Federal Trade Commision announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms.

In a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.

the Transportation Security Administration issued a new security directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads.

The Federal Trade Commission announced its first enforcement of the Health Breach Notification Rule against a digital health company, a case it brought against a company that shared user health data with third-party advertising platforms without the authorization of the affected users. This case signals the importance for digital health companies, whether or not covered by the Health Insurance Portability Accountability Act, of treating personal health information as sensitive and regulated by the HBNR and other FTC-enforced laws.

This Update is the first in a three-part series on legal issues surrounding generative technologies. This first installment will discuss recent developments regarding the copyrightability of AI-generated works.

Equal access to high-quality, affordable broadband internet service has never been more critical, particularly as Americans increasingly rely on broadband for everything from work and education to healthcare and entertainment. Accordingly, as part of a broader effort to combat digital discrimination, the Federal Communications Commission recently published a Notice of Proposed Rulemaking that seeks to promote and facilitate equal access to broadband internet service for everyone.

Published over the holidays, President Biden signed the $1.7 trillion Consolidated Appropriations Act of 2023, which includes a wide range of artificial intelligence and machine learning initiatives and investments. It also directs several federal agencies to help ensure the responsible use of AI technologies, including the prevention of algorithmic bias. This Update includes a summary of the AI appropriations and initiatives.

The Federal Communications Commission published a Notice of Proposed Rulemaking that seeks to strengthen and broaden its breach notification rules arising from the unauthorized disclosure of customer proprietary network information.

Perkins Coie’s survey of 150 industry stakeholders involved in XR and next-gen technology, which encompasses technological advancements such as Web3 and the metaverse, shows that immersive technology has reached a critical point.

The Federal Communications Commission has adopted new rules requiring broadband internet service providers to display labels that enable consumers to easily compare broadband service offerings.

This is the second in a series of updates addressing the bilateral data access agreement between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data Act.

 

According to a settlement with the Federal Communications Commission, Truphone Inc. repeatedly transferred control of its FCC licenses to unvetted foreign individuals and entities without oversight by the agency or the executive branch.

California and New York recently passed laws that seek to change how social media platforms and social media networks design and report their content moderation practices. The New York law will require a hateful conduct policy and reporting mechanism starting in December 2022. California laws will impose content moderation and transparency requirements starting in 2023 and 2024.

The Office of Science and Technology Policy, a part of the Executive Office of the President, recently published a white paper entitled “The Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People.”

The U.S. Commerce Department’s Bureau of Industry and Security announced an interim final rule, adding a substantial number of new export restrictions to China of advanced semiconductors and chip manufacturing equipment.

The Colorado attorney general’s office sent shockwaves throughout the privacy world on Friday, September 30, 2022, when it published its proposed Colorado Privacy Act draft rules.

New Jersey has become the latest state to pass a law governing some types of automatically renewing subscriptions.

President Biden signed an executive order on October 7, 2022, changing U.S. surveillance laws to address perceived deficiencies in protecting personal data identified by European Union courts.

Following the Council of the European Union's approval earlier this week, the Digital Services Act has been officially adopted, starting the countdown to the law’s entry into force later this year.

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued its highly anticipated final rule implementing the beneficial ownership information reporting requirements of the Corporate Transparency Act legislation on September 29, 2022.

The Federal Reserve Board issued final guidelines for regional Reserve Banks to use when considering applications for Federal Reserve “master accounts”—deposit accounts that enable direct access to the Federal Reserve’s payment systems and provide critical infrastructure to financial institutions operating in the United States.

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 on March 15, 2022. CIRCIA solicits public comment for 60 days, beginning September 12, 2022.

Under a new agreement between the United States and the United Kingdom, communications service providers in the United States may soon begin to receive legal process directly from law enforcement agencies in the United Kingdom.

The Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act.

There was a global semiconductor shortage throughout the COVID-19 pandemic that severely disrupted supply chains across many industries, highlighting, more than ever, that semiconductors are an essential component to contemporary life. The Creating Helpful Incentives to Produce Semiconductors and Science Act, which President Biden signed into law on August 9, 2022, is a $280 billion funding package that specifically allocates $52.7 billion in emergency supplemental appropriations to develop domestic semiconductor manufacturing capabilities.

Earlier this month, the Federal Communications Commission released a Notice of Inquiry directed at advancing the space economy by examining in-space servicing, assembly, and manufacturing activities.

The Federal Trade Commission released an advance notice of proposed rulemaking on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party line vote, is the initial step in a process that could result in the adoption of the first federal regulation addressing privacy, data security, and algorithmic discrimination across broad sectors of the U.S. economy.

Colorado’s noncompete statute has long voided covenants not to compete unless certain exceptions are met. Starting on August 10, 2022, an amendment to that law will substantially narrow the list of permissible exceptions.

The U.S. Court of Appeals for the District of Columbia Circuit recently denied a petition to review a 2020 Federal Communications Commission order that permitted callers to place commercial non-telemarketing robocalls to residential phone numbers and that established uniform call limits for such calls.

By a 6-3 majority, the U.S. Supreme Court in West Virginia v. Environmental Protection Agency held that the Environmental Protection Agency’s efforts to regulate greenhouse gases by making industry-wide changes violated the “major questions” doctrine.

Last week, the Consumer Privacy Protection Agency (Agency) Board rounded out the first half of 2022 by releasing draft California Privacy Rights Act (CPRA) regulations. This first set of CPRA regulations focus on updating existing California Consumer Privacy Act (CCPA) regulations to account for the new provisions of the CPRA and addressing specific areas such as Agency audits and enforcement.

The Federal Communications Commission recently adopted certain final rules, policies, and proposed rules to “stem the tide of foreign-originated illegal robocalls.”

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.

The U.S. Department of the Treasury, on May 13, 2022, published its 2022 National Illicit Finance Strategy—a comprehensive statement of the agency’s key priorities, goals, and plans for safeguarding the U.S. financial system against illicit activity in order to “strengthen national security and prosperity.”

Through its newly launched Center for Industry Self-Regulation (CISR), BBB National Programs announced the launch of the TeenAge Privacy Program (TAPP).

Perkins Coie is pleased to announce the launch of our second annual report California Consumer Privacy Act Litigation Year in Review. The California Consumer Privacy Act (CCPA) became effective on January 1, 2020, and regulates any “business” that does business in California.

On April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms of service presented on websites via hyperlinks.

Federal Trade Commission Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals Global Privacy Summit on April 11, 2022, in Washington, D.C.

In the latest of a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act, the Supreme Court of Illinois held last month that the Illinois Workers’ Compensation Act does not preempt BIPA claims for statutory damages brought by employees.

Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (Utah Law) into law on March 24, 2022, making it the fourth omnibus state privacy law enacted in the United States.

The U.S. government has steadily increased its warnings about malicious cyber activity by Russia and other sophisticated, persistent adversaries.

Responsible for lowering the cost to access space, the "newspace" industry has been developing new and fast-moving business models that have opened up new markets.

The U.S. Federal Communications Commission published a Notice of Inquiry on February 28, 2022, inviting public comment on vulnerabilities that threaten the security and integrity of the Border Gateway Protocol, which is central to the internet’s global routing system.

On February 21, 2022, Russian President Vladimir Putin unilaterally recognized the Luhansk and Donetsk regions in Eastern Ukraine as independent states.

On February 15, 2022, the Federal Communications Commission unanimously adopted new rules intended to give tenants in multi-tenant environments greater choice in selecting broadband and cable service provider services

The Federal Communications Commission recently proposed new rules that would require internet service providers to display labels that allow consumers to comparison shop for broadband services.

In recent years, the Federal Communications Commission (FCC) has worked closely with the U.S. Department of Justice and other Executive Branch national security agencies to restrict China’s influence on U.S. telecommunications.

Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations.

On December 7, 2021, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network issued a highly anticipated proposed rule that would implement key provisions of the Corporate Transparency Act.

The following update focuses on the finalized changes in the Code of Federal Regulations set to be implemented and available on December 18, 2021.

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

Congress recently passed the long-awaited bipartisan Infrastructure Investment and Jobs Act. The law allocates over $1 trillion in new and repurposed funds to upgrading the country’s infrastructure.

This update summarizes a recent publication subject to public comment adopted by the National Institute of Standards and Technology (NIST): “A Proposal for Identifying and Managing Bias in Artificial Intelligence.” 

President Biden’s recent "Executive Order on Promoting Competition in the American Economy" promotes fair competition regulations across a diverse group of key U.S. industries and includes 72 separate initiatives involving more than a dozen federal agencies.

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making it the third comprehensive state privacy law enacted in the United States.

The European Center for Digital Rights (None of Your Business or “noyb”) launched a new campaign against the use of allegedly unlawful cookie banners by sending nearly 600 draft complaints to companies across the European Union and European Economic Area. Noyb has identified more than 15 types of alleged violations of EU privacy laws, and this update provides a summary and initial analysis of the key violation types.

On May 26, Deputy Secretary of Defense Kathleen Hicks signed a memorandum calling for the incorporation of responsible AI principles into the U.S. Department of Defense’s AI requirements and acquisition processes. The memo establishes foundational tenets for DoD’s adoption of responsible and ethical AI, and directs the DoD’s Joint Artificial Intelligence Center (JAIC) to make recommendations on incorporating responsible AI principles into DoD’s AI procurements. The memo is expected to have broad impacts on companies seeking to sell AI products to the government, for which there is a growing federal market.

On May 12, 2021, President Biden signed a sweeping Executive Order (EO) to protect federal government networks and software supply chains against increasing threats of attacks from malicious cyber actors, setting the stage for future rulemaking and amendments to the Federal Acquisition Regulation (FAR) focusing on IT and software sold to the government.

In what could be a harbinger of the future regulation of artificial intelligence (AI) in the United States, the European Commission published its recent proposal for regulation of AI systems.

The Supreme Court’s recent decision in FCC v. Prometheus Radio Project et al. is significant for both the decision’s effect on the regulation of the broadcast television industry and its clarifications of administrative law. In Prometheus, the Court restored the Federal Communications Commission’s 2017 order on reconsideration to repeal or modify three core broadcast television ownership rules. This client update summarizes the decision and provides key takeaways on the ruling’s implications for M&A and other transactions in the broadcast industry.

In Facebook, Inc. v. Duguid et al., the U.S. Supreme Court provided some clarity that stakeholders have been awaiting since 2015 by adopting a narrower interpretation of the term “autodialer” for purposes of the Telecommunications Consumer Protection Act (TCPA). The Court reversed an expansive interpretation of “autodialer” adopted by the U.S. Court of Appeals for the Ninth Circuit that the Court noted would have prohibited many commonplace uses of cell phones by consumers. The Court found that for a dialing system to constitute an autodialer, it must have the capacity to either store or produce a telephone number using a random or sequential number generator. This narrower interpretation comes as a relief to a broad range of businesses and nonprofit organizations, among others, that believed the Ninth Circuit’s broad interpretation unfairly ensnared legitimate communications practices that did not harm consumers.

Last week, the Federal Trade Commission (FTC) approved its Commission Report on Hearings on Competition and Consumer Protection in the 21st Century.

Policyholders with COVID-19 insurance claims may not be aware that insurance policies limit  the time they have to bring a lawsuit against their insurance company.

Streaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”

Shortly after his inauguration, President Biden appointed Commissioner Jessica Rosenworcel as acting chairwoman of the U.S. Federal Communications Commission.

The Federal Trade Commission announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first enforcement action focused on facial recognition technology, and likely signals a new era of increased regulatory scrutiny for companies involved in facial recognition.

It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, including Washington, New York, and Minnesota.

Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition technologies in Portland.

In the 2020 Augmented and Virtual Reality Survey conducted by Perkins Coie LLP, Boost VC, and the XR Association, nearly three-quarters of industry leaders polled indicated that they expect immersive technologies to be mainstream within the next five years. 

Internet of Things (IoT) devices have the potential to transform our home and work environment by integrating a growing range of “smart” wirelessly connected sensors into our daily lives.

The COVID-19 pandemic and the resulting need for patient access to remote healthcare, as well as the development of contact-tracing apps, have spotlighted the importance of health-focused mobile applications (mHealth apps).

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden?

In this episode, Perkins Coie partner and AI group Vice-chair Sam Jo will be joined by his associate, Sarah Konz, as they explore the constituent components of AI/ML development/training/licensing. They also discuss how to apply traditional copyright/software and know-how licensing principles to AI/ML technology.

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.

Sunday, September 20, 2020, was intended to be the day on which prohibitions would go into effect on ByteDance Ltd. (ByteDance) and Tencent Holdings Ltd. (Tencent) and their subsidiaries—makers of the TikTok and WeChat apps, respectively.

As the COVID-19 pandemic has raged on, financial institutions and banks have withstood its effects and are digitally transforming out of necessity.

In a recent decision, a panel of the U.S. Court of Appeals for the Ninth Circuit largely upheld three Federal Communications Commission (FCC) orders intended to facilitate the rapid deployment of 5G wireless facilities nationwide.

President Donald Trump signed two executive orders (the EOs) on August 6, 2020, an Executive Order on Addressing the Threat Posed by TikTok (TikTok EO) and an Executive Order on Addressing the Threat Posed by WeChat (WeChat EO).

The Court of Justice for the European Union (CJEU) on July 16, 2020, invalidated the EU-U.S. Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States.

COVID-19 is the biggest disruption to consumer retail spending patterns in recent history.

The COVID-19 pandemic altered and disrupted what was considered normal and is thrusting many companies, especially financial institutions, into a new reality where the need for intense digitization is no longer an optional strategy or an experiment.

The U.S. Department of Health and Human Services (HHS) recently announced two new targeted distributions from the CARES Act Provider Relief Fund (the Provider Relief Fund) to assist in the response to the medical and economic consequences of the COVID-19 pandemic

The Federal Communications Commission unanimously voted on June 9, 2020, to adopt a Declaratory Ruling and Notice of Proposed Rulemaking to promote broadcast internet services through a new broadcast standard called ATSC 3.0.

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

COVID-19’s effect on the economy does not discriminate. Business activity has slowed down significantly for many companies, and even more drastically in certain 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.

International trade and cyber security issues, compounded by the coronavirus pandemic, have increased existing tensions and distrust between the United States and China.

In Stanley Kubrick’s 1968 film, 2001: A Space Odyssey, a manned exploratory mission to Jupiter is sabotaged by an artificial intelligence (AI) named HAL, which became famous for its line, “I’m sorry, Dave, I’m afraid I can’t do that.”

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.

No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements.

The CARES Act, which became law on March 27, 2020, appropriates $100 billion to the Public Health and Social Services Emergency Fund to reimburse providers for unreimbursed expenses and lost revenue attributable to the novel coronavirus pandemic.

In response to the ongoing public health emergency, the Federal Communications Commission released a Report and Order on April 2 establishing a COVID-19 Telehealth Program, along with a broader Connected Care Pilot Program, to support connected care services and devices.

In response to great interest from Silicon Valley, Federal Communications Commission Chairman Ajit Pai has released draft rules that would make valuable spectrum available for unlicensed wireless broadband services (i.e., Wi-Fi) in the 6 GHz band (5.925-7.125 GHz).

With the current coronavirus outbreak causing unprecedented social and economic upheaval and suffering, we take a look at the leading disruptive IT-related technologies to see what impact— positive, negative, or none at all—these technologies are having in our efforts to combat the effects of the coronavirus and what role these technologies could play in identifying and mitigating future pandemics.

Recognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.

The federal Department of Health and Human Services (HHS) on March 13, 2020, invoked its authority under section 1135 of the Social Security Act (the act) to waive certain requirements that providers normally must meet to receive reimbursement for services to Medicare, Medicaid, and Children’s Hospital Insurance Program (CHIP) beneficiaries

With the escalating economic turmoil created by the coronavirus (COVID-19), companies are scrutinizing the force majeure provisions in their commercial agreements.

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event under the governing law of the agreement and excuses related failures or delays in performance, and (2) assessing how to negotiate new tech agreements within the uncertainty of the pandemic. 

Companies that deal with biometrics are likely aware of Illinois’ Biometric Information Privacy Act (BIPA), which regulates the collection, storage, and use of biometric data, including, for example, fingerprints, voiceprints, and scans of “face geometry.” 

This update was republished in The Journal of Robotics, Artificial Intelligence & Law (September / October Edition).

New Jersey Governor Phil Murphy signed landmark legislation (S2252/A4819) on January 17, 2020 that is poised to dramatically accelerate the electrification of New Jersey’s transportation sector.

It’s hard to know what to give to everyone on your list this holiday season.  For the 13th year in a row, the National Retail Federation found gift cards are the most popular item on holiday wish lists, requested by 59% of those surveyed.

The U.S. government and industry face pressure to compete with China, the EU, and others in the race to implement the next great advance in wireless network technology known as 5G.

U.S. Citizenship and Immigration Services (USCIS) announced on December 6, 2019, that it has completed testing and will implement a new online registration process for the upcoming H-1B cap-subject visa season that begins on March 1, 2020.

The U.S. Court of Appeals for the District of Columbia Circuit added a new chapter in the ongoing saga over how and whether to regulate providers of broadband internet access service when, on October 1, 2019, it largely upheld the Federal Communication Commission’s repeal in 2018 of net neutrality rules, but vacated its effort to preempt state regulation of the same and remanded several other issues without vacatur.

On October 7, 2019, the U.S. Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.

In a recent decision, the U.S. Court of Appeals for the D.C. Circuit struck down key portions of a 2018 order by the Federal Communications Commission that would have exempted certain small wireless facilities from environmental and historic preservation review.

In recent years, the use of artificial intelligence (AI) solutions in every sphere of the economy has increased dramatically.

The Federal Communications Commission recently adopted new measures to combat unwanted robocalls in a unanimous Declaratory Ruling and Further Notice of Proposed Rulemaking.

In a recent decision, the U.S. Supreme Court held that a federal district court was not necessarily bound by the Federal Communications Commission’s prior interpretation of a federal statute over which the agency has authority to implement and enforce.

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use the licensed mark is likely to have a major impact on trademark licensors and licensees.

As if businesses did not have enough on their plates as they prepare for the California Consumer Protection Act and similar privacy laws in other states, manufacturers of Internet of Things (IoT) devices (objects that connect to the internet and collect and transmit data) must also comply with California and other states’ new IoT device security laws.

Nevada is the latest state to strengthen privacy laws to address the perceived need for more oversight of how companies handle personal data. On May 29, 2019, Nevada’s governor signed into law Senate Bill 220, which amends the state’s online privacy notice statute, Nev. Rev. Stat. Ann. § 603A.300 et. seq. The amendments provide consumers with the right to restrict an entity’s “sale” of covered information while also excluding certain entities from the statute’s application. The amendments become effective October 1, 2019.

Businesses that use chatbots to interact with customers online may be affected by California’s new Autobot Law (SB 1001) that goes into effect July 1, 2019.

The consequences of a data breach can be far-reaching. While the initial issues in the wake of a breach often involve investigation into the cause of the breach and sending notification to those affected (both of which are covered by most cyber insurance policies), coverage for certain types of third-party claims stemming from cyber breaches may be available under Commercial General Liability (CGL) insurance policies.

Judge Lucy Koh of the U.S. District Court for the Northern District of California ruled for the FTC last week in its antitrust enforcement action against Qualcomm. 

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).

Often called the “wild west,” the cyber insurance marketplace offers a wide variety of policy forms that vary drastically in the scope of coverage provided.  This is further compounded by the relatively small amount of case law analyzing cyber policies and the quickly-evolving cyber risks that companies face.  Insurers are quick to deny coverage based on the many exclusions in cyber policies, often leaving policyholders with the option of either spending money to fight their insurer in court or accepting the carrier’s denial. 

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).

The U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies whose online activities share a nexus with physical places of public accommodation may be held liable under the Americans with Disabilities Act for failing to make their websites and apps accessible to persons with disabilities.

As of January 3, 2019, the Federal Communications Commission (FCC) has suspended most of its operations for the duration of the government shutdown due to the agency’s exhaustion of available funds. This alert summarizes how and the extent to which the shutdown affects FCC operations, based on the FCC’s plan for orderly shutdown released on December 18, 2018 and Public Notice released on January 2, 2019.

The U.S. Court of Appeals for the Fifth Circuit recently reminded bankruptcy trustees, creditors and asset buyers that patent licenses have a limited “shelf life” in Chapter 7 liquidations.

The FTC announced settlements with four companies last month of the FTC’s claims that the companies engaged in deceptive trade practices by falsely claiming to be certified under the EU-U.S. Privacy Shield.

In an effort to reform and streamline its formal complaint procedures, the Federal Communications Commission has issued a new uniform set of procedural rules.

The first year of the Trump administration saw the DOJ continue the Obama administration’s focus on protecting U.S. intellectual property interests by investigating and prosecuting trade secret cases, especially those involving foreign interference and national security concerns.

The Federal Communications Commission (FCC) recently adopted a number of orders and proposed rules affecting the availability and use of millimeter-wave spectrum for advanced fifth generation (5G) wireless networks.

The European Union’s top court ruled last week that the operator of a Facebook fan page is a “joint controller,” along with Facebook, with respect to personal data collected on such pages.

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

The General Data Protection Regulation (GDPR), which is effective May 25, 2018, requires notification to European regulators within 72 hours of the discovery of many types of data breaches. This deadline requires speed and organization that no other jurisdiction currently requires, especially in the United States. Organizations that hold personal data of EU residents and do not have an incident response plan should promptly develop one so they can comply with the GDPR’s requirements.

Any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity (collectively, Entity) that owns or licenses computerized data that includes an IA resident’s PI that is used in the course of the Entity’s business, vocation, occupation, or volunteer activities and that was subject to a breach of security.

Last Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).

Artificial Intelligence (AI) refers to a machine's ability to simulate human intelligence to perform tasks like planning, decision-making, and recognizing objects or sounds. Its use is not always obvious, but AI is now present in nearly every aspect of our lives—from our "smart" home products to our medical care, jobs, and businesses.

In its most significant action since issuing the DAO Report in July 2017, the SEC again took aim at initial coin offerings on December 11, 2017, when, through its new Enforcement Cyber Unit, the SEC entered into an administrative settlement with Munchee, Inc., for conducting unregistered offers and sales of securities.

In a sweeping deregulatory measure, the Federal Communications Commission (FCC) recently adopted a final order to repeal most of the net neutrality rules, known as the “Restoring Internet Freedom order”

On the eve of Thanksgiving, the FCC released a draft order to repeal its own net neutrality rules.

Last November, the U.S. Copyright Office issued its Final Rule regarding designating copyright agents under the Digital Millennium Copyright Act (DMCA) and announced a new electronic system for filing such designations.

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.

Unsolicited robocalls are the top consumer complaint made to the Federal Communications Commission, which receives over 200,000 complaints a year.

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in that item, regardless of any contractual restrictions the patentee may have imposed on subsequent use or sale of the product and regardless of whether the sale occurs within the U.S. or abroad.

Since we published our previous update, the FCC has adopted a Notice of Proposed Rulemaking to begin the process of rolling back the rules and regulatory framework for net neutrality. 

New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017.

This update was republished in Cyberspace Lawyer.

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority.

In 1995, the U.S. Department of Justice and the Federal Trade Commission published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing and other activities under the antitrust laws.

Roughly two weeks since President Donald Trump’s inauguration, the new Chairman of the Federal Communications Commission, Ajit Pai, has taken steps providing further evidence that he plans to roll back FCC actions taken under former Chairman Tom Wheeler, including net neutrality and broadband privacy.

This update was republished in Law360 on 02.13.2017, "The Future Of Net Neutrality Under The New FCC."

In the days since the recent election, many tech, media and telecom industry observers remain unsure of what to expect from the Federal Communications Commission under the Trump administration.

The Federal Communications Commission recently released an order containing new privacy protections for customers of broadband internet access service (BIAS) providers, which was adopted by a 3-2 vote along partisan lines.

Bluetooth beacons can be a powerful tool for customer engagement.

This year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain provisions in their online terms and other consumer-facing notices and agreements.

The Federal Communications Commission and the Obama administration recently adopted several important initiatives to facilitate innovation in and rapid deployment of the nascent Internet of Things (IoT).

The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion.

The U.S. Citizenship and Immigration Services and Department of Homeland Security last week proposed a new rule that will allow certain immigrant startup founders to receive “parole” or temporary permission to live and work in the United States.

For two decades, the Federal Communications Commission (FCC) has relied on an inter-agency consulting process to evaluate matters before it that potentially raise issues of national security, foreign policy and trade policy.

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years.

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 U.S. Department of Health and Human Services Office for Civil Rights recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program.

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for broadband internet access service providers.

Two days after the expiration of the informal deadline to replace the Safe Harbor Framework  invalidated by the Court of Justice of the European Union in October 2015, the EU and US have come to terms on a new framework—the “EU-US Privacy Shield.”

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on December 15, 2015.

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation.

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.

In a July 14, 2015 letter to PayPal, the FTC indicated that consent language buried within a “lengthy user agreement” does not satisfy the requirement under the Telemarketing Sales Rule (TSR) that companies obtain prior express consent before making automated or prerecorded calls (robocalls) for telemarketing purposes.

Last week, an FCC divided on partisan lines adopted a Notice of Apparent Liability for Forfeiture and Order (the NAL) against AT&T with an unprecedented proposed penalty of $100 million as well as numerous other compliance obligations, marking the first time the agency has enforced its net neutrality transparency rule.

Some suggestions for acquiring, protecting and enforcing your intellectual property rights.  View the checklist.

Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that take a page out of the playbook of the Federal Trade Commission (FTC), the FCC’s recent Open Internet Order for the first time imposes the privacy obligations of Section 222 of the Communications Act of 1934, as amended (the Act) on broadband Internet service providers.

The Antitrust Division of the U.S. Department of Justice recently announced its first criminal antitrust prosecution in e-commerce. David Topkins was charged on April 6, 2015, with price fixing in violation of Section 1 of the Sherman Antitrust Act in the online sale of decorative posters.

Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets.  In late 2013, China’s National Development and Reform Commission (NDRC) began investigating Qualcomm’s patent licensing practices under China’s Anti-Monopoly Law (AML).

In this update, Perkins Coie shares some recent developments in immigration law, including when the next H-1B filing period will commence and a summary of recent executive actions on immigration that will impact businesses.

On November 10, United States Trade Representative Michael Froman announced a major breakthrough in negotiations with China to eliminate tariffs on information technology products by expanding the scope of the International Technology Agreement (ITA).

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.

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.

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 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.

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.

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 December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are directed to children under the age of 13 or (2) have actual knowledge that they are collecting personal information from a child under the age of 13.

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices.

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.

The Consumer Financial Protection Bureau's ("CFPB") recently issued Advance Notice of Proposed Rulemaking ("ANPR") announced its intention to extend Regulation E ("Reg E") protections to certain general purpose reloadable prepaid cards ("GPR cards"), which protections do not currently apply to GPR cards.  CFPB's stated goals are to (1) insure consistent minimum standards across similar financial products, (2) allow consumers to easily compare products by insuring disclosure transparency and (3) appropriately allocate fraud and loss risks.  CFPB is soliciting public comments on this topic until July 23, 2012.

The European Commission's proposed "Regulation on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data" offers a significantly higher level of legal harmonization and predictability across Europe, but at the price of more stringent requirements and availability of stricter sanctions.

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.

The U.S. Supreme Court in Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc., ruled that the Bayh-Dole Act does not automatically vest title to inventions resulting from research funded by the federal government in federal contractors such as universities.

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.

On September 27, 2010, President Obama signed into law the Creating Small Business Jobs Act of 2010 (the “Act”).  Among other provisions, the Act excludes from gross income for regular income and alternative minimum tax purposes 100% of the capital gains (subject to a per issuer limitation described below) of non-corporate taxpayers from investments in qualified small business stock made after September 27, 2010 and before January 1, 2011.  For investments in qualified small business stock made after December 31, 2010, only 50% of the capital gains generally will be excluded from gross income.

YouTube received a resounding win in a recent decision in the long-running Viacom v. YouTube case.

The Patient Protection and Affordable Care Act, signed into law on March 23, 2010, provides an opportunity for biotech and biopharma companies to recover certified investments in qualifying therapeutic discovery projects as a cash grant or a tax credit.

The U.S. Treasury Department, chair of the Committee on Foreign Investment in the United States ("CFIUS"), recently published guidance on the types of transactions previously reviewed by CFIUS that have presented national security considerations ("Guidance").  The Guidance is intended to provide insight into how CFIUS identifies the national security effects of covered transactions and may assist parties considering whether to file a voluntary notice of a transaction with CFIUS [1]. This is an important determination because, although filing a CFIUS notice is voluntary, the parties may be forced to unwind a transaction where no filing was made if the President later determines it poses national security risks.

Facebook updated its Promotions Guidelines ("Guidelines") on November 4, 2009, which govern the publicizing and administering of all promotions, including contests, sweepstakes, competitions or similar offerings on Facebook.  The changes to the Facebook Guidelines expand Facebook's restrictions on the content of promotions publicized or administered through the Facebook Platform and limit the manner in which a business may use Facebook to publicize or administer promotion(s). 

On March 19, 2002, a California Court of Appeal issued an opinion that could dramatically change pre-closing negotiations under California law. In Copeland v. Baskin Robbins U.S.A., the court ruled that "a contract to negotiate an agreement is distinguishable from a so-called 'agreement to agree' and can be formed and breached just like any other contract." The court also stated that the measure of damages in such cases is "not damages for the party's lost expectations under the prospective contract but damages caused by the injured party's reliance on the agreement to negotiate...[which] encompasses the plaintiff's out-of-pocket costs in conducting the negotiations. . . [and] may or may not include lost opportunity costs."

Perkins Coie was proud to be a presenting sponsor of the 21st Annual Rocky Mountain Intellectual Property & Technology Law Institute on June 1-2, 2023, at the Westin Westminster Hotel in Denver, Colorado.

Perkins Coie was a proud sponsor of the LOT Network BRIDGE Annual Meeting, which brought together leading companies and innovative leaders from across the globe to share ideas, learn from intellectual property (IP) experts, and build stronger networks.

Perkins Coie was the presenting sponsor for the 20th Annual Rocky Mountain Intellectual Property & Technology Law Conference.

Perkins Coie Patent Litigation Practice Firmwide Chair Christopher Hanewicz and Partner Adrienne Ehrhardt will present on a panel for the ACC WI Annual Conference held in-person and virtually on November 4, 2021 from 11:00 a.m. – 11:50 a.m. CDT.

This Privacy for Retail roundtable discusses the new California Privacy Rights Act (CPRA) and its impact on the retail industry.

This webinar focuses on non-patent intellectual property, including a discussion of copyright, trade secret, and trademark issues that we expect to see arise in the coming years.

Machine learning has enabled significant advancements in AI, but it is not possible to train machine learning models without vast amounts of high-quality data.

In this webinar, experts from across the industry discussed highlights from the survey findings and their expectations for the future of XR technology.

Leading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.

This webinar explores the steps policyholders can take now to address coverage issues presented by the CCPA. Topics include the types of policies that may respond to CCPA claims, how to negotiate favorable terms in your insurance policies and tips on loss management strategies.

Perkins Coie partner Marcelo Halpern will be speaking at PLI’s program “Outsourcing 2014: Sourcing Critical Services.”

Perkins Coie partner Marcelo Halpern will be speaking at PLI’s program “Outsourcing 2014: Sourcing Critical Services.”

Perkins Coie Counsel Joseph Cutler will be speaking at the upcoming Law Seminars International conference titled, Cybersecurity Law and Strategies, on the topic "Challenges & Solutions: Advanced Persistent Threats."