November 24, 2020
The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their…
October 22, 2020
Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022. The second, AB-713, creates…
October 20, 2020
In the first two installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II case…
October 20, 2020
In the first couple installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II…
October 19, 2020
Bloggers, social media influencers, and other online content creators may now to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted a new rule implementing group registration to assist copyright registration for high volume or daily content creators.…
October 14, 2020
As discussed in the first installment in this blog series, the Schrems II case gave new significance to the use of standard contractual clauses (“SCCs”) for personal data transfers from EU countries to countries outside of the European Union (the “EU”) or the European Economic Area, including the United States. However, the “adequacy” of the appropriate safeguards in SCCs depends heavily on the…
October 7, 2020
The Schrems II case has had substantial impact on personal data transfers from the European Union (the “EU”) to the United States. As Jackson Kelly explained previously, the Schrems II case: 1) upheld the validity of standard contractual clauses (“SCCs”) for the transfer of personal data to recipients established in third countries; but 2) invalidated the adequacy of the protection provided by…
September 23, 2020
On September 18, the U.S. Commerce Department announced that it had banned Chinese-owned mobile apps WeChat and TikTok from U.S. app stores. WeChat is a social messaging app used for mobile payments and transfer of funds owned by Chinese multinational, Tencent Holdings. Department of Commerce Secretary, Wilbur Ross, announced that both apps and their app updates would no longer be distributed in…
August 28, 2020
On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) expanded the definition of “accredited investor” to allow persons with certain professional experience to invest in private offerings. The “accredited Investor” definition is one of the main tests for determining who is eligible to participate in a private offering under Rules 506(b) and 506(c) of Regulation D. Before the…
August 6, 2020
In a landmark decision affecting international data transfers from the European Union (the “EU”) to the United States, the Court of Justice of the European Union (in essence, the European Union’s Supreme Court) (the “CJEU”) in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (the “Schrems II” case): 1) upheld the validity of standard contractual…
July 27, 2020
At 12:01 a.m. today, Governor Holcomb’s Executive Order requiring face coverings went into effect. The Order is in response to an increase in the number of cases and positivity rate of COVID-19 cases in Indiana. Specifically, the Order requires every individual within the State of Indiana to wear a face covering over the nose and mouth when:
July 22, 2020
Colorado state government has made significant changes in response to the COVID-19 pandemic. From passing new laws on workplace safety and paid leave, to issuing a statewide mandate that people wear facemasks in public spaces. However, even as these changes have gone into effect the state has continued to see a rise in COVID-19 cases. The increases are not as stark as some other states, including…
November 24, 2020
The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their…
October 22, 2020
Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022. The second, AB-713, creates…
October 20, 2020
In the first two installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II case…
October 20, 2020
In the first couple installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II…
October 19, 2020
Bloggers, social media influencers, and other online content creators may now to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted a new rule implementing group registration to assist copyright registration for high volume or daily content creators.…
October 14, 2020
As discussed in the first installment in this blog series, the Schrems II case gave new significance to the use of standard contractual clauses (“SCCs”) for personal data transfers from EU countries to countries outside of the European Union (the “EU”) or the European Economic Area, including the United States. However, the “adequacy” of the appropriate safeguards in SCCs depends heavily on the…
October 7, 2020
The Schrems II case has had substantial impact on personal data transfers from the European Union (the “EU”) to the United States. As Jackson Kelly explained previously, the Schrems II case: 1) upheld the validity of standard contractual clauses (“SCCs”) for the transfer of personal data to recipients established in third countries; but 2) invalidated the adequacy of the protection provided by…
September 23, 2020
On September 18, the U.S. Commerce Department announced that it had banned Chinese-owned mobile apps WeChat and TikTok from U.S. app stores. WeChat is a social messaging app used for mobile payments and transfer of funds owned by Chinese multinational, Tencent Holdings. Department of Commerce Secretary, Wilbur Ross, announced that both apps and their app updates would no longer be distributed in…
August 28, 2020
On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) expanded the definition of “accredited investor” to allow persons with certain professional experience to invest in private offerings. The “accredited Investor” definition is one of the main tests for determining who is eligible to participate in a private offering under Rules 506(b) and 506(c) of Regulation D. Before the…
August 6, 2020
In a landmark decision affecting international data transfers from the European Union (the “EU”) to the United States, the Court of Justice of the European Union (in essence, the European Union’s Supreme Court) (the “CJEU”) in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (the “Schrems II” case): 1) upheld the validity of standard contractual…
July 27, 2020
At 12:01 a.m. today, Governor Holcomb’s Executive Order requiring face coverings went into effect. The Order is in response to an increase in the number of cases and positivity rate of COVID-19 cases in Indiana. Specifically, the Order requires every individual within the State of Indiana to wear a face covering over the nose and mouth when:
July 22, 2020
Colorado state government has made significant changes in response to the COVID-19 pandemic. From passing new laws on workplace safety and paid leave, to issuing a statewide mandate that people wear facemasks in public spaces. However, even as these changes have gone into effect the state has continued to see a rise in COVID-19 cases. The increases are not as stark as some other states, including…
