Category: Internet Law

Almost half of the States in the U.S. have enacted some version of an online personal or consumer data privacy statute. The statutes all use a similar framework that requires data collectors and processors to provide notices, obtain consent, and comply with mandates and prohibitions. For example, all of the online data privacy statutes require […]

The Ninth Circuit Court of Appeals — located in San Francisco — partially struck down California’s Age-Appropriate Design Code Act (“CAADCA”). See Cal. Civ. Code §§ 1798.99.28 et seq. The CAADCA was passed in 2022 by the California State Assembly. The CAADCA was enacted to protect the online privacy of children — persons under the […]

Software-as-a-Service (“SaaS”) companies are generally acutely aware of the need to protect their intellectual properties (“IP”), like patents, copyrights, and trademarks, when preparing their service contracts. SaaS companies must be just as acutely aware of protecting IP that is covered by trade secret law. A good example of the dangers is the recent lawsuit filed […]

Artificial intelligence (“AI”) software programs are generating enormous legal concerns around the world. The European Union has recently promulgated significant regulations intended to reduce various risks related to AI programs. Small-to-large AI programs are used for a large number of services and are embedded in devices that might be surprising to consumers. Examples include: The […]

The Ninth Circuit Court of Appeals has held that California’s social media content reporting law violates free speech and is, therefore, unconstitutional. X Corp v Bonta, Case No. 24-271 (9th Cir. 2024). See the news report here. In 2023, the California State Assembly passed a law — Assembly Bill 587 — that required social media […]

Generally, a buyer of an e-commerce business wants to buy the target company free and clear of any liabilities that the target might have (other than those that the buyer is expressly and voluntarily willing to assume). The term “liabilities” includes any debt or legal liability that most people would think of, including mortgage debt […]

There is a great deal of litigation pending, starting with respect to AI-generated images and texts and whether such images and texts infringe upon copyrights held by original creators and holders of those copyrights. The most-watched case is pending in the federal court in the Northern District of California, and it is called Andersen v. […]

When a level of success has been achieved by eSports celebrities and talent, attention must turn to protecting personal and family assets. One possibility is creating and maintaining what is called a “Loan-Out Company.” In various forms, these have long been used by celebrities in the movie, music, and sports industries. In this article, the […]

Many Software-as-a-Service (“SaaS”) businesses have automatic renewal provisions in their contracts. There are obvious advantages to these provisions, such as reliable cash flow and avoiding the employee, managerial, administrative, and other costs associated with repeated contract renewal negotiations. However, SaaS businesses must be aware of State and federal automatic renewal statutes and their requirements. The […]

Many States have recently enacted consumer data protection statutes. Indeed, at this point, almost half of the U.S. States now have such a statute. In reviewing the most recently enacted statutes, one trend that can be seen is the increasing focus on defining the word “consent” to exclude any sort of agreement/consent obtained “through the […]