Category: Internet Law

When the COVID-19 health crisis began, many companies sent their employees home to begin working remotely. Often, as a matter of convenience and cost-savings, businesses allowed — and maybe encouraged — employees to use their own devices such as smartphones, computers and tablets. As the pandemic continues, remote working may become one of the “new […]

In 1991, Congress enacted the Telephone Consumer Protection Act’s (“TCPA”) designed to prevent “robocalls” to consumer telephones. See 47 U.S.C. § 227(b)(1)(A)(iii). More specifically, the TCPA prohibits anyone from calling or texting someone “using any automatic telephone dialing system or an artificial or prerecorded voice” without the “prior express consent of the called party.” The […]

In today’s business environment, domain names and websites are often key assets when a target company is being acquired during a merger/acquisition. Due diligence with respect to the domain name(s) and any websites is essential. In general, due diligence is the process by which the buyer verifies various aspects of the transaction. Due diligence is […]

As businesses begin to reopen and as we all continue to deal with the effects of the COVID-19 pandemic, businesses must be cautious with data that has been collected during this time. Many of the new privacy statutes require that consumers be given notice, at the point of collection, that personal information is being collected […]

A recent decision from the US Court of Appeals for the 11th Circuit has held that web scraping data from a public website can, under some circumstances, be deemed a misappropriation of trade secrets. See Compulife Software, Inc. v. Newman, Case Nos. 18-12004, 18-12007 (11th Cir. May 20, 2020). The case was decided under the […]

In 1986, Congress enacted the Computer Fraud and Abuse Act (“CFAA”). See 18 U.S.C. § 1030, et seq. The CFAA is one of the major federal statutes that empowers the federal government to seek criminal penalties against hackers and cybercriminals. The statute has also been used to punish employees and others who “misuse” computers to […]

In late March 2020, all provisions of the New York SHIELD Act went into effect. This is New York’s amended data privacy and cybersecurity law. “SHIELD” is an acronym for Stop Hacks and Improve Electronic Data Security. Like many similar statutes recently enacted, the SHIELD Act not only applies to New York businesses, but also […]

Recent events will significantly spur the use of telemedicine. The last two decades have already seen a surge in the use of telemedicine prompted by the advent of economical person-to-person video transmissions. Telemedicine has been a revolution in medical examinations, consultations, and treatment. For example, the Veteran’s Administration recently expanded the use of telemedicine for […]

Recently, the California Attorney General’s Office (“AG”) issued two sets of modifications to the regulations that are meant to govern application and enforcement of the California Consumer Privacy Act of 2018 (“CCPA”). An original set of proposed regulations was issued in October 2019. A second set was issued on February 7, 2020 and then a […]

With the looming costs of any sort of data breach, data loss, or exfiltration, cybersecurity has become a key focus of due diligence in recent mergers and acquisitions. Specific representations and warranties about data security are now routine in M&A Purchase Agreements. Only a few years ago, there were almost no provisions in a Purchase […]