Jeffrey Neuburger
Partner
Jeffrey Neuburger is a partner, co-head of the Technology, Media & Telecommunications Group, a member of the Privacy & Cybersecurity Group and editor of the firm’s New Media and Technology Law blog.
Jeff’s practice focuses on technology, media and advertising-related business transactions and counseling, including the utilization of emerging technology and distribution methods in business. For example, Jeff represents clients in online strategies associated with advertising, products, services and content commercialized on the Internet through broadband channels, mobile platforms, broadcast and cable television distribution and print publishing. He also represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements.
Serving as a collaborative business partner through our clients’ biggest challenges, Jeff is part of the Firm’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team helping to shape the guidance and next steps for clients impacted by the pandemic.
Subscribe to all posts by Jeffrey Neuburger
ChatGPT has quickly become the talk of business, media and the Internet – reportedly, there were over 100 million monthly active users of the application just in January alone. While there are many stories of the creative, humorous, apologetic, and in some cases unsettling interactions with ChatGPT,[1] the potential business applications for ChatGPT and other … Continue Reading
At the close of 2022, New York Governor Kathy Hochul signed the “Digital Fair Repair Act” (S4101A/A7006-B) (to be codified at N.Y. GBL §399-nn) (the “Act”). The law makes New York the first state in the country to pass a consumer electronics right-to-repair law.[1] Similar bills are pending in other states. The Act is a … Continue Reading
UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ Labs, Inc. (“hiQ”) and LinkedIn Corp. (“LinkedIn”) filed a Stipulation and Proposed Consent Judgment (the “Stipulation”) with the California district court, indicating … Continue Reading
On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against LinkedIn Corp. (“LinkedIn”). (3taps, Inc. v. LinkedIn Corp., No. 18-00855 (N.D. Cal. Nov. 15, 2022)). 3taps is seeking an order to clarify whether the federal Computer Fraud and Abuse Act (CFAA) … Continue Reading
On November 4, 2022, a California district court took up the parties cross-motions for summary judgment in the long-running scraping litigation involving social media site LinkedIn Corp.’s (“LinkedIn”) challenge to data analytics firm hiQ Labs, Inc.’s (“hiQ”) scraping of LinkedIn public profile data. (hiQ Labs, Inc. v. LinkedIn Corp., No. 17-3301 (N.D. Cal. Nov. 4, … Continue Reading
On October 24, 2022, a Delaware district court held that certain claims under the Computer Fraud and Abuse Act (CFAA) relating to the controversial practice of web scraping were sufficient to survive the defendant’s motion to dismiss. (Ryanair DAC v. Booking Holdings Inc., No. 20-01191 (D. Del. Oct. 24, 2022)). The opinion potentially breathes life … Continue Reading
Since the passage of Section 230 of the Communication Decency Act (“CDA”), the majority of federal circuits have interpreted the CDA to establish broad federal immunity to causes of action that would treat service providers as publishers of content provided by third parties. The CDA was passed in the early days of e-commerce and was … Continue Reading
In a recent ruling, a California district court held that Apple, as operator of that App Store, was protected from liability for losses resulting from that type of fraudulent activity. (Diep v. Apple Inc., No. 21-10063 (N.D. Cal. Sept. 2, 2022)). This case is important in that, in a motion to dismiss, a platform provider … Continue Reading
On August 29, 2022, the Federal Trade Commission (FTC) announced that it had filed a complaint against Kochava, Inc. (“Kochava”), a digital marketing and analytics firm, seeking an order halting Kochava’s alleged acquisition and downstream sale of “massive amounts” of precise geolocation data collected from consumers’ mobile devices. The complaint alleges that the data is … Continue Reading
On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR) and announced it was exploring a rulemaking process to “crack down on harmful commercial surveillance” and lax data security. The agency defines commercial surveillance as “the collection, aggregation, analysis, retention, transfer, or monetization of consumer data and the … Continue Reading
On July 11, 2022, the Federal Trade Commission (FTC) published “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data,” on its Business Blog. The blog post is likely related to an Executive Order (the “EO”) signed by President Biden in the wake … Continue Reading
On June 15, 2022, Senator Elizabeth Warren introduced a bill, cosponsored by a host of other Democratic and independent Senators, the “Health and Location Data Protection Act of 2022,” which, subject to a few exceptions, would, among other things, prohibit the selling, sharing or transferring location data and health data. The bill gives the Federal … Continue Reading
On May 19, 2022, the Department of Justice (DOJ) announced that it had revised its policy regarding prosecution under the federal anti-hacking statute, the Computer Fraud and Abuse Act (CFAA). Since the DOJ last made changes to its CFAA policy in 2014, there have been a number of relevant developments in technology and business practices, … Continue Reading
On remand from the U.S. Supreme Court, the Ninth Circuit earlier this week again affirmed the lower court’s order preliminarily enjoining LinkedIn Corp. (“LinkedIn”) from blocking data analytics company hiQ Labs, Inc.’s (“hiQ”) access to publicly available LinkedIn member profiles. (hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Apr. 18, 2022)) (“hiQ II”). … Continue Reading
On March 9, 2022, the President issued an Executive Order (the “E.O.”) that articulates a high-level, wide-ranging national strategy for regulating and fostering innovation in the burgeoning digital assets space. The strategy is intended to encourage innovation yet still provide adequate oversight to control systemic risks and the attendant investor, business, consumer and environmental concerns. The E.O. … Continue Reading
The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where “crypto, gaming and capitalism collide.” The term “metaverse,” which comes from Neal Stephenson’s 1992 science fiction novel “Snow Crash,” … Continue Reading
In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous. Despite its widespread use over the past decade, the provisions of open source licenses have been interpreted by only a … Continue Reading
UPDATE: On December 23, 2021, the parties reached a settlement, as Southwest filed an unopposed motion for entry of final judgment and a permanent injunction containing the same restrictions as the temporary injunction issued in September. Under the proposed permanent injunction, Kiwi would be barred from scraping flight and fare information from Southwest’s site, publishing … Continue Reading
On September 14, 2021, the Securities and Exchange Commission (“SEC”) filed a settled securities fraud action against App Annie Inc., one of the largest sellers of market data on how apps on mobile devices are performing, and its co-founder and former CEO and Chairman Bertrand Schmitt. The settlement is the first enforcement action brought by the … Continue Reading
On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). The case involved a video hosted on a social media platform that made embedding available as a … Continue Reading
On August 5, 2021, a proposed class action settlement was reached in the closely-watched privacy action against fintech services company Plaid Inc. (“Plaid”). The settlement features a $58 million settlement fund and certain injunctive relief that would make changes to Plaid’s methods of notice and consumer data collection, including provisions requiring the deletion of certain … Continue Reading
Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming “protection” under Section 230 of the CDA for video-sharing site Vimeo, Inc. (“Vimeo”) (Domen v. Vimeo, Inc., No. 20-616 … Continue Reading
On June 14, 2021, in a closely-watched dispute involving the Computer Fraud and Abuse Act (CFAA), the Supreme Court granted LinkedIn Corp.’s (“LinkedIn”) petition for certiorari filed in the hiQ web scraping case. It subsequently vacated the Ninth Circuit 2019 opinion and remanded the case to the Ninth Circuit for further consideration in light of … Continue Reading
In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform. These include a novel application of CDA in a FCRA online privacy case (Henderson v. The Source for Public Data, No. … Continue Reading
ChatGPT Risks and the Need for Corporate Policies
By Jeffrey Neuburger on Posted in Contracts, Copyright, Software, Technology, Trade Secrets
New York Enacts First State “Right-to-Repair” Law
By Jeffrey Neuburger, Kathie Duperval and Jonathan Mollod on Posted in Contracts, Copyright, Legislation, Online Commerce, Technology
hiQ and LinkedIn Reach Settlement in Landmark Scraping Case
Data Scraper’s Declaratory Action Seeking Green Light to Scrape LinkedIn Survives Motion to Dismiss
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Screen Scraping, Social Media
Court Finds hiQ Breached LinkedIn’s Terms Prohibiting Scraping, but in Mixed Ruling, Declines to Grant Summary Judgment to Either Party as to Certain Key Issues
District Court Decision Brings New Life to CFAA to Combat Unwanted Scraping
Important CDA Section 230 Case Lands in Supreme Court: Level of Protection Afforded Modern Online Platforms at Stake
By Jeffrey Neuburger and Jonathan Mollod on Posted in Internet, Online Commerce, Online Content, Social Media
App Store Protected by CDA Immunity (and Limitation of Liability) for Losses from Fraudulent Crypto Wallet App
FTC Sues Data Provider over the Collection and Sale of Geolocation Data
By Jeffrey Neuburger and Jonathan Mollod on Posted in Alternative Data, Mobile, Privacy, Regulatory
Businesses That Use Consumer Data or Data Products (Everyone?) Take Heed: FTC Moves Ahead with Rulemaking Process on “Commercial Surveillance” Practices
By Jeffrey Neuburger and Jonathan Mollod on Posted in Mobile, Privacy, Regulatory
FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data
By Jeffrey Neuburger on Posted in Alternative Data, Health, Mobile, Privacy, Regulatory
Senator Warren Introduces Bill to Ban the Sale of Location and Health Data
By Jeffrey Neuburger on Posted in Alternative Data, Legislation, Mobile, Privacy
DOJ Revises Policy for CFAA Prosecution to Reflect Developments in Web Scraping and Other Matters
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Data Security, Screen Scraping
Taking Cue from the Supreme Court’s Van Buren Decision, Ninth Circuit Releases New Opinion Holding Scraping of Publicly Available Website Data Falls Outside of CFAA
President Biden Signs Executive Order Detailing National Policy Objectives for Digital Assets
By Jeffrey Neuburger on Posted in Blockchain, Digital Currency, Regulatory
In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues
GPL Open Source Litigation Could Open the Door to Other Suits
By Jeffrey Neuburger on Posted in Contracts, Licensing, Open Source, Software
Southwest Airlines Wins Injunction Barring Travel Site from Scraping
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce, Screen Scraping
SEC Brings First Enforcement Action Against Alternative Data Provider
By Robert Leonard, Jeffrey Neuburger, Joshua M. Newville and Samuel J. Waldon on Posted in Alternative Data, Mobile, Regulatory
Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video
By Jeffrey Neuburger on Posted in Copyright, Internet, Online Content, Social Media
Settlement in Plaid Fintech Data Case
By Jeffrey Neuburger on Posted in Alternative Data, Mobile, Online Commerce, Privacy
Second Circuit Vacates CDA Decision and Reissues a Narrower Opinion Reaching Same Conclusion, Providing Some Practical CDA Lessons for the Future
By Jeffrey Neuburger on Posted in Internet, Online Content, Social Media, Video
Supreme Court Vacates LinkedIn-HiQ Scraping Decision, Remands to Ninth Circuit for Another Look
Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, a Negligent Design Exception and a Startling New State Law
By Jeffrey Neuburger on Posted in Mobile, Online Content, Social Media
