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.
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During the 2016 election, certain Russian operatives used fake social media profiles to influence voters and also created bot accounts to add likes to and share posts across the internet. And more recently, in January 2019, the New York Attorney General and Office of the Florida Attorney General announced settlements with certain entities that sold … Continue Reading
Yesterday’s Wall Street Journal featured a substantial article on the growth of quantum computing, and the risks and opportunities it presents. It is a thoughtful article, and a must-read for people interested in the area. We have been working with clients in the area, and identified it as an area of increasing importance in our … Continue Reading
Three recent court decisions affirmed the robust immunity under the Communications Decency Act (CDA), 47 U.S.C. §230(c), for online providers that host third-party content: the Second Circuit’s decision in Herrick v. Grindr LLC, No. 18-396 (2d Cir. Mar. 27, 2019) (summary order), the Wisconsin Supreme Court’s opinion in Daniel v. Armslist, LLC, No. 2017AP344, 2019 … Continue Reading
This month, an Illinois district court considered another in the series of web scraping disputes that have been working their way through our courts. In this dispute, CouponCabin, Inc. v. PriceTrace, LLC, No. 18-7525 (N.D. Ill. Apr. 11, 2019), CouponCabin alleged that a competitor, PriceTrace, scraped coupon codes from CouponCabin’s website without authorization and displayed … Continue Reading
UPDATE: Both bills failed to be reported out of committee by March 28, 2019 and were not debated during this year’s legislative session. In the wake of the Illinois Supreme Court decision that held that claimants need only allege a procedural violation to have standing to bring an action under the Illinois Biometric Information Privacy … Continue Reading
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use of facial recognition technology to identify and track consumers without consent. The bill, as drafted would place limitations on the third-party sharing … Continue Reading
In a recent blog post, we wrote about how the Second Circuit found the arbitration clause in a web service’s terms and conditions unenforceable because the user did not have reasonable notice of the terms that were communicated via a hyperlink in a post-sale email. In contrast, a New York district court recently upheld an … Continue Reading
In Starke v. SquareTrade, Inc., No. 17-2474, 2019 WL 149628 (2d Cir. Jan. 10, 2019), the Second Circuit affirmed a ruling that denied a web service’s motion to compel arbitration, finding that the user did not have reasonable notice of the arbitration provision contained in the terms and conditions that were communicated via a hyperlink … Continue Reading
In a long-awaited decision, the Illinois Supreme Court issued its ruling in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. Jan. 25, 2019), on whether a person “aggrieved” by a violation of the Illinois Biometric Information Privacy Act (“BIPA”) must allege some actual injury or harm beyond a procedural violation to have standing … Continue Reading
Yesterday, Los Angeles City Attorney Mike Feuer filed an unfair competition lawsuit on behalf of the People of the State of California against the operator of the popular Weather Channel app (“TWC app”) for allegedly failing to conspicuously disclose to users that the TWC app collects and shares users’ mobile geolocation data. (People v. TWC … Continue Reading
Yes, it’s time for the end-of-year blog post – a look back at interesting issues of 2018 and a look forward to what we see coming down the pike in the new year. The Look Back In the past year, blockchain buzz was everywhere. Although still early, blockchain has in fact began to show promise … Continue Reading
This post discusses some of the contractual requirements imposed by Apple and Google regarding the collection and sharing of locational information. What consents, if any, do Apple and Google require that app publishers obtain before collecting and using locational information? This is a question that is being asked with increasing frequency. In fact, a regular … Continue Reading
A recent dispute between an advertiser AXTS Inc. (“AXTS”) and a video production company GY6vids (“GY6”) produced an interesting issue involving the federal Computer Fraud and Abuse Act (CFAA) – that is, whether an entity that allegedly overloaded another company’s YouTube channel content with a flood of “dislikes” following a contractual dispute is liable under … Continue Reading
On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a plaintiff must allege actual harm resulted from the violation. (Rosenbach v. Six Flags Entertainment Corp. et al., No. 123186) (prior decision). The Court’s … Continue Reading
Last week the WSJ published an article detailing how companies are monetizing smartphone location data by selling it to hedge fund clients. The data vendor featured in the WSJ article obtains geolocation data from about 1,000 apps that fund managers use to predict trends involving public companies. However, as we’ve noted, the use of alternative … Continue Reading
Last December, we noted the continuing robust wave of Illinois biometric privacy suits. At that time, dozens of suits had been filed in Illinois state court against Illinois-based employers and other businesses alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which generally regulates the collection, retention, and disclosure of personal biometric identifiers and biometric … Continue Reading
Late last month, an Illinois appellate court reversed a lower court’s dismissal of biometric privacy claims against a tanning salon franchisee that had collected the plaintiff’s fingerprint to allow entry in its own salon and any L.A. Tan salon location nationwide. (Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175 (Ill. App. Sept. … Continue Reading
Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue. The scope of protection, of course, depends on the final language of the licensing agreement and disputes can arise when licensees decide to … Continue Reading
A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have received sufficient notice of the amendment. (Daniel v. eBay, Inc., No. 15-1294 (D.D.C. … Continue Reading
UPDATE: On January 22, 2019, the Supreme Court denied review of the California Supreme Court decision. In a closely-followed dispute, the California Supreme Court vacated a lower court order, based upon a default judgment in a defamation action, which had directed Yelp, Inc. (“Yelp”), a non-party to the original suit, to take down certain consumer … Continue Reading
An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (“BIPA”). (Aguilar v. Rexnord, LLC, No. 17 CV 9019 (N.D. Ill. July 3, 2018)). This … Continue Reading
UPDATE: On November 1, 2018, the court dismissed the plaintiff’s amended complaint (which apparently dropped the CFAA claim and asserted Lanham Act and DMCA claims). Specifically, the plaintiff asserted, among other things, that defendant removed the copyright management information (CMI) from plaintiff’s listings and website source code. The court ruled that plaintiff failed to show … Continue Reading
Last December, an Illinois appellate court, in the Rosenbach v. Six Flags decision (2017 IL App (2d) 170317 (Dec. 21, 2017)), dismissed biometric privacy claims lodged against theme park operators for collecting fingerprints to authenticate season-pass holders allegedly in violation of the notice and consent provisions of Illinois’s Biometric Information Privacy Act (BIPA), which regulates … Continue Reading
UPDATE: On October 22, 2018, the court denied the defendant’s CEO’s motion to dismiss for lack of personal jurisdiction. Subsequently, on January 2, 2019, the parties settled the matter and stipulated to a dismissal of the case. This past week, a Texas district court denied a bid from a web service for a temporary restraining … Continue Reading
Get All of Your Bots in a Row: 2018 California Bot Disclosure Law Comes Online Soon
By Jeffrey Neuburger on Posted in Internet, Legislation, Online Commerce, Online Content, Technology
Quantum Computing in the News
By Jeffrey Neuburger on Posted in Quantum Computing, Technology
Filtering Actions by Anti-Malware Software Provider Protected by CDA “Good Samaritan” Immunity
By Jeffrey Neuburger on Posted in Internet, Online Content
CFAA Claim Dismissed in Scraping Suit, While Contract Claim Survives
Recent Bill Introduced in Illinois Legislature Would Curtail BIPA Litigation
By Jeffrey Neuburger on Posted in Biometrics, Legislation, Privacy
Bipartisan Facial Recognition Privacy Bill Introduced in Congress
By Jeffrey Neuburger on Posted in Biometrics, Legislation, Privacy
Digital Currency App’s Electronic User Agreement Held Enforceable
By Jeffrey Neuburger on Posted in Contracts, Digital Currency, Mobile
Notice of Terms via Buried Link within a Post-Sale Email Unenforceable
By Jeffrey Neuburger on Posted in Contracts, Online Commerce
Illinois Supreme Court Rules Actual Injury Not Needed to Be an “Aggrieved” Party under Biometric Privacy Law
By Jeffrey Neuburger on Posted in Biometrics, Privacy
City Attorney of Los Angeles Sues Popular Weather App Claiming Deceptive Collection and Sharing of Geolocation Data
By Jeffrey Neuburger on Posted in Contracts, Mobile, Privacy
Reflections on the TechLaw Issues of 2018…and a Look Forward. Will 2019 Be a Year on the Edge, in the Fog, or Maybe Just in the Cloud?
By Jeffrey Neuburger on Posted in Blockchain, Privacy, Quantum Computing, Screen Scraping, Technology
Locational Tracking on iOS and Android Devices: Check the Platform’s Rules!
By Jeffrey Neuburger on Posted in Contracts, Mobile, Privacy
“Cyberattack” Campaign That Purportedly Flooded YouTube Channel with “Dislikes” Not a CFAA Violation
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Contracts
Illinois Supreme Court To Decide Scope of Illinois Biometric Privacy Law
By Jeffrey Neuburger on Posted in Biometrics, Privacy
WSJ Article on Geolocation Data Highlights Risks for Fund Managers
By Joshua M. Newville and Jeffrey Neuburger on Posted in Mobile, Regulatory, Technology
Biometric Suits Continue, Including Recent Action Against IoT Company
By Jeffrey Neuburger on Posted in Biometrics, Privacy
Illinois Appellate Court Reinstates Biometric Privacy Action, Finding Potential Harm in Alleged Disclosure of Fingerprint to Outside Vendor
By Jeffrey Neuburger on Posted in Biometrics, Privacy
Common Software Licensing Language at Issue in IP Dispute
By Jeffrey Neuburger on Posted in Contracts, Licensing, Software
Site Cannot Compel Arbitration Based upon Later-Amended Terms without Showing Adequate User Notification of Change
By Jeffrey Neuburger on Posted in Contracts, Online Commerce
In a Divided Opinion, California Supreme Court Squashes End Run around CDA Immunity That Sought to Compel a Non-Party Online Platform to Remove Defamatory Content
By Jeffrey Neuburger on Posted in Defamation, Internet, Online Content, Social Media
Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing
By Jeffrey Neuburger on Posted in Biometrics, Privacy
CFAA and Breach of Contract Claims Dismissed in Website Data Scraping Suit
Illinois Biometric Privacy Suit Survives Dismissal Based on Harm from Alleged Disclosure of Data to Outside Vendor
By Jeffrey Neuburger on Posted in Biometrics, Privacy
Court Denies TRO against Data Scraper That Accessed Private Database via Registered Accounts
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Screen Scraping
