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It’s our business to know your business. Not just your industry, or the competitive landscape in which you operate, but the intricacies of your…
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Hunton Andrews Kurth LLP | USA | 22 May 2018

FTC warns foreign companies: hands off US kids' geolocation data

The Federal Trade Commission has sent warning letters to two foreign companies that market wearable technology for children that collects geolocation data, allowing parents to monitor and communicate with their children. The letters warned the companies to review compliance with the Children's Online Privacy Protection Act, which requires parental notice and consent before collecting, using......
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Hunton Andrews Kurth LLP | 1 May 2018

Key issues when contracting for cloud services

Retailers are increasingly deploying cloud services solutions to realise cost savings, gain efficiency and enable scalability across numerous functions. However, while the benefits and popularity of cloud services are clear, cloud solutions are not without risks and challenges. In addition to the normal risks inherent in licensing and using technology, there are a number of issues that......
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Hunton Andrews Kurth LLP | USA | 3 Apr 2018

Despite growing value of bitcoin, retailers and merchants take cautious approach

Bitcoin has received considerable media attention in recent months as its value soared to $20,000 in December 2017, then retreated to around $9,000 in February 2018. While some investors embrace bitcoin, many members of the general public struggle to understand it. Despite the interest in cryptocurrency by investors, very few retailers and merchants accept cryptocurrency as a form of payment....
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Hunton Andrews Kurth LLP | USA | 23 Jan 2018

FTC settles first children's privacy case involving connected toys

The Federal Trade Commission has announced an agreement with electronic toy manufacturer VTech Electronics Limited and its US subsidiary settling charges that VTech violated the Children's Online Privacy Protection Act by collecting personal information from hundreds of thousands of children without providing direct notice or obtaining their parent's consent and failing to take reasonable......
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Hunton Andrews Kurth LLP | USA | 9 Jan 2018

Cyber breach securities suits look to tap D&O coverage

To date, data breach plaintiffs have struggled to find a way to access insurance monies in directors and officers (D&O) liability insurance policies. Recently, plaintiffs have pivoted to securities suits as a potential new way to trigger the deeper pockets associated with D&O policies. Insurers are no doubt monitoring this growing trend of litigation, so insureds should pay close attention to......
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Hunton Andrews Kurth LLP | USA | 14 Nov 2017

Court finds no crime coverage for computer fraud losses

The US District Court for the District of New Jersey recently granted Travelers' motion to dismiss Posco Daewoo America Corporation's suit for coverage under the computer fraud provision of its crime insurance policy. Daewoo had sought coverage for amounts that had been designated for payment to it by a third-party supplier and stolen after a criminal impersonated a Daewoo employee. The court......
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Hunton Andrews Kurth LLP | USA | 31 Oct 2017

Facing privacy suits about facial recognition

Recent judicial interpretations of the Illinois Biometric Information Privacy Act present potential litigation risks for retailers that employ biometric-capture technology. Federal judges in various district courts have allowed cases to move forward against companies such as Facebook, Google and Shutterfly, and retailers that use biometric data may also become litigation targets as federal......
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Hunton Andrews Kurth LLP | USA | 3 Dec 2012

Safe protection/safe inspiration: IP law for fashion designs

It is a common misconception that fashion in the United States is unprotected by IP law. Proponents of an amendment to the Copyright Act are frequently heard to make this case. However, protection for fashion designs does exist within the current parameters of US IP law, although it is frequently misunderstood or vastly underused (as in the case of design patents).
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Hunton Andrews Kurth LLP | USA | 19 Mar 2012

Federal Circuit rules losing parties may appeal issue noticed for review by ITC

The Federal Circuit's recent decision in General Electric Co v Int'l Trade Comm'n vindicates the right of a losing party to appeal any issue noticed for review by the International Trade Commission (ITC), regardless of whether the ITC actually decides the issue in its final determination.
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Hunton Andrews Kurth LLP | USA | 23 Jan 2012

House reignites debate over copyright protection of fashion designs

The House of Representatives has reignited the debate regarding the extension of copyright protection to fashion design through the introduction of the Innovative Design Protection and Piracy Prohibition Act. Policymakers are being urged to pass legislation by sectors of the fashion industry seeking additional tools to enforce IP rights against copyists and counterfeiters.
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