The Bottom Line Four states now have laws that create rules and registration requirements for data brokers. While initially limited to Vermont’s 2018 Data Broker Act and California’s 2019 law, amended by the Delete Act on October 10, 2023, Texas and Oregon recently passed their own laws. Continue Reading
An (Im)Perfect 10: Indiana, Tennessee, Montana & Texas Pass Consumer Privacy Laws
The Bottom Line There are now 10 states with comprehensive privacy laws, with more on the way.Without federal legislation, a patchwork of state laws may be the standard going forward, much in the same way that data breach notification laws eventually became ubiquitous at the state level. In Continue Reading
Don’t Smile at the Camera — New Biometric Data Laws
The Bottom Line The confluence of privacy, security, societal and other reasons have resulted in increased scrutiny over the use of biometric data through new proposed laws. In the absence of a consistent federal standard, businesses should assess their biometric data collection and use practices Continue Reading
Alcoholic Beverages: Engaging with Consumers from a Distance
7th Edition: Trends in Marketing Communications Law For an alcohol brand trying to gain market share, there are few things more important than getting consumers to try its product. Although most states’ alcoholic beverage codes offer some provision for providing consumers with free samples, the Continue Reading
Supreme Court Seeks to Curb the Worst Abuses of the Patent System
5th Edition: Trends in Marketing Communications Law Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken. Besieged by a tide of weak patents and baseless patent troll litigations, these stakeholders argued that the current patent climate Continue Reading
The Days of Patent Plaintiff Forum Shopping May be Over
The Bottom Line The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or Continue Reading
Patent Troll Cases Unlikely To Drop Significantly
4th Edition: Trends in Marketing Communications Law The statistics are striking. "Patent trolls" (companies that do not create products or services based on their patents, but instead use patents to extort license fees) are continuing to file large numbers of patent infringement lawsuits, now Continue Reading