Supreme Court Paves Way for Internet Sales Tax Collection

(June 21, 2018) Ecommerce merchants may need to pay sales tax for applicable products sent into states in which they have no presence after the U. S. Supreme Court reversed its long-standing precedent that linked tax payments to a merchant’s physical presence.

In the past, the general rule was that, if an online retailer did not have a physical presence in the state, it did not need to collect a sales tax but rather left it to the buyer to pay ...

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Court Finds Gatorade’s Use of “Sports Fuel Company” Fair Use

(June 18, 2018) Gatorade Company’s slogan “Gatorade the Sport Fuel Company” does not infringe on Sportfuel, Inc.’s trademark “Sportfuel” because Gatorade’s use merely describes the types of products sold and does not signify the source of the products, a federal judge ruled.

Sportfuel, Inc., a Chicago-based sports nutrition and wellness consulting firm founded in 1993, registered the mark “Sportfuel” in 2008 for food nutrition consulting and in 2015 for sports drinks. Gatorade, a Pepsico, Inc. subsidiary, in 2015 ...

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Does Internet Discrimination Occur If a User Doesn’t Click “I Agree”?

(June 7, 2018) On the internet, does discrimination happen when a user encounters discriminatory language in the terms of service and does not click to agree to the terms, or does it happen only after the user agrees to the discriminatory policies and is injured by the website’s policy?

The Ninth Circuit, when confronted with the question, in effect, answered, “Ask the California Supreme Court.” The federal appellate court certified the issue to the California Supreme Court for resolution, noting, ...

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Trump Cannot Block His Critics from Accessing His Twitter Account

(May 23, 2018) Because Donald Trump presents his account as a “Presidential account” and uses it to take actions that can  be made only by a President, his Twitter account is a public forum and he cannot block persons who criticize him and his policies from viewing the account, a federal judge found.

However, the judge declined to grant an injunction requiring the President to unblock the accounts because, she reasoned, “no government official is above the law and because ...

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Cloud Usage Up to 97 Percent But Data Theft Still An Issue

(May 16, 2018) The use of cloud services is nearly ubiquitous with 97 percent of worldwide IT professionals surveyed using some type of cloud functions in their organization, a new survey issued by McAfee reports.

“Heading directly for the cloud is still the strategy for the majority of organizations worldwide,” the report finds.

However, one-in-four of the professionals surveyed have experienced data theft from the public cloud both for Software-as-a-Service and Infrastructure-as-a-Service, and one-in-five surveyed have experienced an advanced attack against their ...

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Design Firm’s Action Granted Implied Copyright License

(May 14, 2018) By continuing to provide new designs for six years after an independent contractor agreement expired, a graphic design firm granted an implied license for its work. As a result, it could not sue for copyright infringement.

LimeCoral, Ltd. prepared graphic designs for postings by customers of CareerBuilder, LLC. The parties originally had an independent contractor agreement that provided for a per job payment, in return for which the designs would be the sole and exclusive property of CareerBuilder. ...

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Balough Serves on National Internet of Things Institute Panel

(May 14, 2018) For the second time in its three-year history, the National Institute of the Internet of Things (IoT) welcomed Richard C. Balough as a panelist.

The annual two-day institute in Washington, D.C. is sponsored by the American Bar Association’s Section of Science & Technology Law.

Mr. Balough participated in a panel discussion of evolving business and legal issues in artificial intelligence, big data, and the IoT. Also participating on the panel were Lisa R. Lifshiz of Torkin Manes LLP, Theodore ...

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Cheryl Dancey Balough Discusses GDPR at PLI Program

(May 3, 2018) Cheryl Dancey Balough discussed “Global Privacy and Cybersecurity Challenges and Compliance Strategies” with corporate compliance attorneys at PLI’s 2018 Compliance & Ethics Essentials program.

With the May 25, 2018 deadline fast approaching for compliance with the EU General Data Protection Regulation (GDPR), Ms. Balough identified who is impacted by the new regulation, reviewed the GDPR’s requirements, and shared steps that affected companies can take now to comply.

Ms. Balough also discussed the status of biometric privacy laws across the ...

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Appellate Court Finds Monkey Lacks Statutory Standing in Copyright Dispute

(April 23, 2018) Not only did Naruto lose its “next friend” PETA, but now it has formally lost its appeal to assert a copyright claim for the famous Monkey Selfies.

The Ninth Circuit found that the crested macaque, as a non-human animal, lacks “statutory standing” to maintain a cause of action for infringement under the U.S. Copyright Act (“Copyright Act”). The case was decided after People for the Ethical Treatment of ...

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News Media Looks to Balough Law Offices for Opinions

(March 17, 2018) The news media has reached out to Balough Law Offices for comments regarding three recent developments in the law.

Cheryl Dancey Balough was interviewed by the Cook County Record regarding whether embedded content in social media violate copyright law. For our story on the case, click here.

Richard C. Balough was interviewed by two reporters for Bloomberg News. The first interview concerned the potential legal issues from the Uber self-driving car fatality. He also was interviewed regarding ...

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