Balough
February 3, 2019
(February 3, 2019) Forcing all persons present when a search warrant is executed to unlock their electronic devices using their biometric features violates the Fourth and Fifth Amendments, a U.S. District Court in California found. The governmental agency seeking the warrant was not revealed in the order. The search warrant application was for a residence […]
Balough
January 27, 2019
(January 25, 2019) The Illinois Supreme Court has made it easier for consumers to maintain a private cause of action for violating the Illinois Biometric Information Privacy Act (“Act”). The court said that consumers do not need to show actual financial damages because violation of the Act is a “real and significant” injury in and […]
Balough
June 21, 2018
(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 […]
Balough
June 19, 2018
(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, […]
Balough
June 7, 2018
(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 […]
Balough
May 23, 2018
(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 […]
Balough
May 16, 2018
(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 […]
Balough
May 14, 2018
(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 […]
Balough
May 14, 2018
(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 […]
Balough
May 3, 2018
(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, […]
