Category: Blog

Alexa: The Big Sister We Never Knew We Had

This blog discusses the privacy implications of Amazon’s Alexa, specifically through the cases, Braunack v. Amazon.com Inc. and Narreau v. Amazon.com Inc. The plaintiffs in these cases allege that not only does Amazon secretly record conversations under the guise of “false wake” recordings, but also stores those recordings to enable targeted advertising. This blog examines these cases as well as the legal privacy implications of this technology.… Read More Alexa: The Big Sister We Never Knew We Had

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Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

This blog discusses non-fungible tokens (NFTs) which are a type of digital collectible. Some NFTs are abstract – they are often a purchasable, conceptual representation of something else (such as a Tweet, real estate, etc.); but their value lies in ownership – while circulation of the subject matter is still available to the public, the owner of the NFT is essentially the recipient of a digitally-authenticated note. In addition to presenting the complexities of NFTs in a more digestible manner, this blog explains the legal implications of their flourishing role in the world of crypto-digital assets, specifically in the context of intellectual property and securities law. … Read More Non-Fungible Tokens: Analyzing Digital Collectibles Through the Lens of the Law

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Facebook Lifts Ban on Political Ads: Has Anything Changed?

Facebook announced earlier this month that it would lift its self-imposed ban on political advertising, put in place following the 2020 U.S. Presidential election. The social media giant stated that it would again run promotional advertisements on “social issues, elections or politics” but noted that advertisers would be subject to authorization and identity checks. Facebook was not the only company to institute such restrictions, Google put a similar ban in place, and announced that it was lifted in February. The bans sparked widespread critiques, but lifting the bans raises another set of questions entirely: Has anything changed? What did these bans really do to stop the spread of misinformation?… Read More Facebook Lifts Ban on Political Ads: Has Anything Changed?

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The Shop Safe Act: Protection Against the Dangers of a Counterfeit World from Designer Handbags to Oxycontin

This blog explores the legal implications associated with counterfeits in the e-commerce industry and the possible benefits of the Shop Safe Act introduced to Congress on March 2, 2020. This issue has become increasingly prevalent during the COVID-19 pandemic due to the increase in online shopping, leading to the risk of unsafe and counterfeit purchasing of consumer goods. Lastly, this blog emphasizes that the Shop Safe Act would not only provide protection for consumers against harm to their health and safety, but would protect the profits and intellectual property rights of legitimate American businesses who have devoted countless hours and money into developing their products.… Read More The Shop Safe Act: Protection Against the Dangers of a Counterfeit World from Designer Handbags to Oxycontin

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All Hands Meeting for the Health-Conscious, Post-Pandemic: Wearable Technologies Turned Medical Devices and the FDA

This blog discusses the regulatory implications of wearable technology such as WHOOP and FitBit that have made an effort to use respiratory patterns in their devices to detect COVID-19 pre-symptoms. This blog further analyzes how the fact that wearable technology is often not considered a medical device effects how the technology is regulated. Finally, this blog explores how the federal standards among medical devices and wearable tech is likely to change in a post-pandemic world and looks at what wearable technology may expect from federal regulators going forward.… Read More All Hands Meeting for the Health-Conscious, Post-Pandemic: Wearable Technologies Turned Medical Devices and the FDA

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Getting “Krafty”: A look at The New England Patriots involvement in Bret Bielema’s contractual dispute

Bret Bielema, who currently serves as the New York Giants outside linebacker coach, is currently involved in a legal dispute with a former employer. Bielema was the head coach of Arkansas’s football program until he was fired in 2017. Bielema’s contract was bought out by the Razorback Foundation with a condition stating that Bielema, “make reasonable efforts to find employment.” Soon thereafter, Bielema was hired by the New England Patriots. In 2019, the Razorback Foundation stopped paying Bielema who subsequently filed suit for breach of contract in June, 2020.… Read More Getting “Krafty”: A look at The New England Patriots involvement in Bret Bielema’s contractual dispute

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The FireEye Breach: An Aftermath of Worldwide Victims and a Push for a Federal Disclosure Law

FireEye, a $3.5 billion company that helps its customers respond to sophisticated cyberattacks, was attacked itself when its software was breached and its data was infiltrated by a nation with “top-tier offensive capabilities.” FireEye reacted quickly – the company discovered the breach, disclosed of it to the proper authorities, brought in experts to help with the investigation, and provided their customers with information on how to detect and block the attack. The current recourse and response however, is just a band aid and ultimately, the Biden Administration needs to coordinate not only with FireEye, but other prominent cybersecurity firms to develop a federal disclosure law that would require all companies to report the existence and extent of any breach. While other possible solutions exist to combat unlawful and offensive cyberattacks, it is the job of both private companies and the government to fend off such attacks.… Read More The FireEye Breach: An Aftermath of Worldwide Victims and a Push for a Federal Disclosure Law

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Immoral Incarceration: How a Technological Glitch is Holding Arizona Prisoners Past Their Proper Release Date

The following blog discusses an Arizona prison’s purchase of Arizona Correctional Information System (“ACIS”) software and the system’s subsequent incompatibility with recent legislation seeking to reduce sentences for non-violent drug offenders. The inability of ACIS to re-calculate these individuals’ new release dates has resulted in the wrongful imprisonment of hundreds of incarcerated persons otherwise eligible for earlier release. … Read More Immoral Incarceration: How a Technological Glitch is Holding Arizona Prisoners Past Their Proper Release Date

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Mandatory COVID-19 Vaccination: Can Employers Force Employees to Get Vaccinated

With the first mandatory COVID-19 vaccination case being filed on March 2, 2021, courts will have to decide if employers can legally require employees to get vaccinated. Since most employees are “at will” employees, employers can fire employees who refuse to receive the COVID vaccine, as long as the person is not refusing vaccination for disability or religious reasons. While there is a strong argument for creating herd immunity, the COVID vaccines are still not licensed and only being used under emergency use authorization, possibly making the mandate premature. … Read More Mandatory COVID-19 Vaccination: Can Employers Force Employees to Get Vaccinated

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Non-Fungible Tokens: The Million Dollar Digital Assets

NFTs are unique blockchain-based tokens and provide a way for the digital transfer of assets. While digital art and whatnot can be easily screenshotted or photographed, only the purchaser of the NFT has the original due to the uniqueness of the transfer. Digital art is a common NFT, but currently Twitter CEO Jack Dorsey is selling the first tweet ever as an NFT, and the current bid is $2.5 million. I will discuss different examples of NFTs and the legal ramifications of these transfers, specifically the rights owners have when they buy the tokens. … Read More Non-Fungible Tokens: The Million Dollar Digital Assets

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Day in The Life of a Social Media Influencer

“Influencers” existed long before the term was even coined, but there has been a strong mystery surrounding them for years. Many individuals ask, what do they do all day? How do you become one? Is it as glamorous as it seems? There are many hypothetical answers, and misconceptions but there are real answers to them. Being an influencer is becoming a huge trend, but this industry comes with a lot of baggage.… Read More Day in The Life of a Social Media Influencer

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Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

This blog discusses the important decision Biden has to make in whether to overturn the recent ITC decision banning SK Innovation Co. imports of electric-vehicle batteries. SK Innovation Co. is one of the largest importers of batteries in the U.S. and will play a significant role in Biden’s zero emission plans in constructing vehicles that are solely electrical ran. SK had misappropriated LG Energy’s trade secrets and should be sanctioned, but should it come at the cost of sacrificing Biden’s climate control policy?… Read More Biden’s at the Crossroads: Epitomize Trade Secret Law or Make True on His Climate Change Promise?

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The Fair and the Furious: Gig Workers Continue the Fight Against California’s Prop. 22

In November 2020, California voters passed ballot initiative Proposition 22 which helped to confirm the status of gig workers as independent contractors. While online platforms highlight that Proposition 22 confers some benefits such as a minimum wage and potential for healthcare benefits, some labor advocates argue that it removes necessary protections and benefits like paid sick and family leave, among others. The status of Proposition 22 remains up in the air due to a recent legal challenge which alleges that Proposition 22 is unconstitutional. The outcome of the suit has major implications for gig workers across the country and abroad.… Read More The Fair and the Furious: Gig Workers Continue the Fight Against California’s Prop. 22

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Workplace Monitoring

Monitoring technologies are being used more frequently within the workplace with some of them including: video surveillance, telephone monitoring, e-mail, computer keystroke tracking, etc. These systems can be set up secretly and invisibly, furthermore employers are not required by law to disclose to their employees that such monitoring is being conducted. In the many lawsuits against employers for workplace monitoring, employers have been successful in justifying their uses for monitoring, therefore showing a need for a better balance between monitoring and freedom in the workplace.… Read More Workplace Monitoring

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Download, if You Dare: Considering the Long-Term Influence of Apple’s Privacy Labels on US Data Regulation

Apple has begun to implement data privacy “nutrition labels” on their App Store, displaying the type of data collected on each app’s product page for users to view. Although the legality of such labels is not in dispute, its implementation signals an ongoing step in Apple’s commitment to data privacy protection; potentially foreshadowing an industry-wide shift in privacy protection from legislative to market-based solutions. However, this method of privacy labeling may also come with heightened legal liability for Apple, necessitating the company’s dedication to transparency and truthfulness. If successfully implemented, and trusted by consumers, privacy labelling may become a staple in modern technology, a shift that could eventually be required by law or regulated by a governmental agency. … Read More Download, if You Dare: Considering the Long-Term Influence of Apple’s Privacy Labels on US Data Regulation

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