California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?
September 01, 2016
Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
Crowdfunding: Preparing for New Regulations
September 01, 2016
In preparation for the effectiveness of the crowdfunding rules, the SEC has issued a bulletin that serves as a guide for companies and investors, whose activities will be covered by Regulation Crowdfunding (the bulletin). This article summarizes the practical terms of the crowdfunding rules and the bulletin.
The Myth of the Newspaper Notice
September 01, 2016
Maybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?
Online e-Discovery Ethics
September 01, 2016
Although attorneys are rapidly becoming familiar with structuring digital data requests and responding to those requests in a way that is thorough, but reasonable, most attorneys feel at sea in the e-discovery ethics arena.
Patents: When the 'Plain and Ordinary' Meaning Is Neither Plain Nor Ordinary
September 01, 2016
It is common in patent cases for the patentee to ascribe "plain and ordinary" meaning to terms in a patent claim, while the defendant often seeks a narrower construction. But what if the parties agree that "plain and ordinary" applies but then dispute what the plain and ordinary meaning should be?
Courts Address When an Alleged Employee Hacking Is a Crime
September 01, 2016
Although other federal appeals courts have weighed on what is access "without authorization" under the CFAA, the latest <i>Nosal</i> opinion appears to be the first that decides this question in the framework of arguable hacking of an employer database.
Lessons from Privacy-Related Enforcement Actions
September 01, 2016
Federal and state regulators are bringing more and more enforcement proceedings to challenge the adequacy of corporate privacy practices. Although the best course for businesses is to be proactive and develop privacy rules that meet all applicable requirements before government steps in, a review of various privacy-related settlements that agencies recently have reached suggests a variety of steps that companies across all industries should consider adopting.
Tax Reporting Laws Raise Privacy Claim Risks for Online Companies
September 01, 2016
States are scrambling to shore up sales tax revenues that are eroding because of e-commerce sales. A new approach to sales tax collections involves information reports on customers' online purchases. This approach may create potential legal claims against many online companies for giving too much information about customers to state tax agencies or even to the customers themselves.
