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To track or not to track

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 21 2013

Digital advertising based on tracking users' interests and related privacy concerns have been the subject of many recent news articles. What does

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

New COPPA parental consent method approved by FTC

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

Consumer data privacy update for marketers, part 1: Children’s Online Privacy Protection Act amendments

  • McDermott Will & Emery
  • -
  • USA
  • -
  • November 19 2013

New technologies enable marketers to collect and analyze more and more specific data than ever before. Marketers can track consumers

Acting General Counsel of the NLRB issues second report on social media

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 27 2012

On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office

Better Business Bureau issues Compliance Warning to website operators

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 21 2013

On October 14, 2013, the Better Business Bureau issued a Compliance Warning noting that a "significant minority of website operators" are omitting

Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for

Commission finds U.S. anti-gambling laws infringe WTO rules

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • June 19 2009

In a report published on 10 June 2009, the European Commission has found that U.S. laws prohibiting the cross-border supply of remote gambling and betting services and the enforcement of those laws against EU companies are in violation of Articles XVI (Market Access) and XVII (National Treatment) of the General Agreement on Trade in Services (GATS) and are not justified under Article XIV (General Exceptions

FDA issues draft guidance on communications over internet and social media platforms

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 22 2014

On June 17, 2014, the U.S. Food and Drug Administration (FDA or the Agency) issued two draft guidance documents, providing recommendations for two