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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While Washington’s comprehensive data privacy bill (SB 6182) — inspired by California’s CCPA — died when legislators could not hammer out a compromise over enforcement mechanisms, the state legislature did reach agreement and Gov. Jay Inslee signed into law a facial recognition bill (SB 6280) that provides some important privacy and antidiscrimination provisions regarding state … Continue Reading
An interesting New York Times article last week posited that governments’ use of digital surveillance techniques for the COVID-19 response – such as the tracking of geolocation to gauge quarantine restrictions – would lead to more pervasive digital tracking in the future. On a related note, there have been reports of an increased use of … Continue Reading
Teami, LLC (“Teami”), a marketer of teas and skincare products, agreed to settle FTC charges alleging that its retained social media influencers did not sufficiently disclose that they were being paid to promote Teami’s products. The FTC’s Complaint also included allegations that Teami made unsupported weight-loss and health claims about its products, an issue that … Continue Reading
Despite continued scrutiny over the legal immunity online providers enjoy under Section 230 of the Communications Decency Act (CDA), online platforms continue to successfully invoke its protections. This is illustrated by three recent decisions in which courts dismissed claims that sought to impose liability on providers for hosting or restricting access to user content and … Continue Reading
This past week, LinkedIn filed a petition for a writ of certiorari asking the Supreme Court to overturn the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019). The case concerned the scope of Computer Fraud and Abuse Act (CFAA) liability associated with web scraping of publicly … Continue Reading
With the spread of the novel coronavirus (COVID-19), many organizations are requiring or permitting employees to work remotely. This post is intended to remind employers and employees that in the haste to implement widespread work-from-home strategies, data security concerns cannot be forgotten. Employers and employees alike should remain vigilant of increased cybersecurity threats, some of … Continue Reading
As part of the response to the outbreak of COVID-19, many organizations are working on contingency and business continuity plans that include an all-employee “work-from-home” scenario. If it becomes necessary to implement such a plan, all employees of the organization will access the organization’s networks and systems remotely. Unfortunately, many organizations that are testing these … Continue Reading
In continuing its push to enforce its terms and policies against developers that engage in unauthorized collection or scraping of user data, Facebook brought suit last month against mobile marketing and data analytics firm OneAudience LLC. (Facebook, Inc. v. OneAudience LLC, No. 20-01461 (N.D. Cal. Complaint filed Feb. 27, 2020)). Facebook alleges that OneAudience harvested … Continue Reading
Beyond the human toll of the current global health crisis, the coronavirus outbreak is having serious economic repercussions to the global economy and the supply chains on which it depends. Dun & Bradstreet reported, “at least 51,000 (163 Fortune 1000) companies around the world have one or more direct or Tier 1 suppliers in the … Continue Reading
As 2019 came to a close, we looked ahead into 2020 and noted that data would continue to be a huge issue for the digital economy. We have not been disappointed. On February 19, 2020, the European Commission (the “Commission”) released its 35-page document entitled “A European strategy for data,” becoming just the latest of many … Continue Reading
Epic Games, Inc. (“Epic”) is the publisher of the popular online multiplayer videogame Fortnite, released in 2017. In recent years, Fortnight has gained worldwide popularity with gamers and esports followers (culminating in July 2019 when a sixteen-year-old player won the $3 million prize for winning the Fortnite World Cup). Players, in one version of the … Continue Reading
The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case, a New York district court magistrate dismissed, with prejudice, discrimination and related claims against video-sharing website Vimeo, Inc. … Continue Reading
UPDATE: On February 28, 2020, the FCC proposed over $200M in fines against the wireless carriers. On January 31st, FCC Chairman Ajit Pai transmitted a letter in response to a prior inquiry from a number of House members regarding the status of the Commission’s investigation into reports that the major wireless carriers were allegedly … Continue Reading
In 2018, Congress passed the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the Committee on Foreign Investment in the United States (CFIUS). CFIUS is chaired by the Secretary of the Treasury and is empowered to review certain transactions involving foreign investment in the U.S. that may affect national security. On January 23, 2020, … Continue Reading
Last week, Democratic Senators Ron Wyden and Sherrod Brown and Congresswoman Anna Eshoo sent a letter to FTC Chairman Joseph J. Simons urging the agency to investigate whether analytics firm Envestnet, Inc. (which operates Yodlee) was violating the FTC Act. According to the letter, Yodlee is the largest consumer financial data aggregator in the United … Continue Reading
In an interview with the editorial board of the New York Times, published today, former Vice President Joe Biden advocated for repeal of Section 230 of the Communications Decency Act (CDA). As readers of this blog may know, the CDA offers service providers protections that underpin the hosting of much of the user-generated content (both … Continue Reading
On January 7, 2019, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) announced its 2020 examination priorities. In doing so, OCIE identified certain areas of technology-related concern, and in particular, on the issue of alternative data and cybersecurity. [For a more detailed review of OCIE’s exam priorities, see the Client Alert … Continue Reading
On January 7, 2019, the federal Office of Management and Budget (OMB) released a draft of a memorandum setting forth guidance to assist federal agencies in developing regulatory and non-regulatory approaches regarding artificial intelligence (AI). This draft guidance will be available for public comment for sixty days, after which it will be finalized and issued … Continue Reading
It is that time of year when we look back to see what tech-law issues took up most of our time this year and look ahead to see what the emerging issues are for 2020. Data: The Issues of the Year Data presented a wide variety of challenging legal issues in 2019. Data is solidly … Continue Reading
Recently, the Ninth Circuit reinstated a $460,000 jury verdict against print-on-demand site Zazzle, Inc. (“Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored important DMCA safe harbor issues for online print-on-demand services. (Greg Young Publishing, Inc. v. Zazzle, Inc., No. 18-55522 (9th Cir. Nov. 20, 2019) (unpublished). The … Continue Reading
With the online shopping season in full swing, the FTC decided that online retailers might benefit from a reminder as to the dos and don’ts for social media influencers. Thus, the FTC released a new guide, “Disclosures 101 for Social Media Influencers,” that reiterates its position about the responsibility of “influencers” to disclose “material” connections … Continue Reading
Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web scraping of publicly available social media … Continue Reading
The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. (Mobley v. State, No. S18G1546 (Ga. … Continue Reading
On October 11, 2019, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question before the original panel concerned the scope of Computer Fraud and Abuse Act (CFAA) liability to unwanted web … Continue Reading
Washington Governor Signs Bill Addressing Government Use of Facial Recognition Technology
By Jeffrey Neuburger on Posted in Biometrics, Legislation, Privacy, Technology
Will the Role of Facial Recognition Grow in a Post-COVID-19 World?
By Jeffrey Neuburger on Posted in Biometrics, Privacy, Technology
FTC Paid Endorser Settlement Sets Framework for Advertiser Best Practices
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce, Social Media
Online Platforms Sidestep Claims over User Content Decisions and Social App Functions
By Jeffrey Neuburger on Posted in First Amendment, Internet, Online Content, Social Media
LinkedIn Files Petition to the Supreme Court in hiQ Web Scraping Case
Protecting against Cybersecurity Threats when Working from Home
By Jeffrey Neuburger, Ryan Blaney and Kevin Milewski on Posted in Data Security, Internet
Coronavirus and the “100% Work-From-Home” Scenario: Review Agreements with Vendors of Remote Access Technology
By Jeffrey Neuburger on Posted in Contracts, Software, Technology
Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization
By Jeffrey Neuburger on Posted in Contracts, Mobile, Privacy, Screen Scraping, Social Media, Software
The Coronavirus and Force Majeure Clauses
By Jeffrey Neuburger, Jordan M. Horowitz and Andrew Wingfield on Posted in Contracts
EU Releases “A European Strategy for Data”
By Jeffrey Neuburger on Posted in Legislation, Online Commerce, Regulatory, Social Media
Court Enforces Arbitration Clause in Online Terms of Service Accepted by a Minor
By Jeffrey Neuburger on Posted in Contracts, Data Security, Internet, Videogames
Video Sharing Site Protected by CDA Immunity for Removal of Poster’s “Objectionable Material”
By Jeffrey Neuburger on Posted in Internet, Online Content, Software
FCC Enforcement Coming over Alleged Privacy Violations for Disclosure of Consumers’ Geolocation Data
By Jeffrey Neuburger on Posted in Mobile, Privacy
Final CFIUS Regulations Impact Foreign Non-Control Investment Transactions Involving Critical Technologies/Infrastructure or Sensitive Data
By Jeffrey Neuburger on Posted in Regulatory, Technology
Members of Congress Request FTC Investigation of Financial Data Company’s Collection and Privacy Practices
By Jeffrey Neuburger on Posted in Mobile, Online Commerce, Privacy
Repeal of CDA Section 230?
By Jeffrey Neuburger on Posted in Internet, Online Content
In Outlining Its 2020 Examination Priorities, SEC Expresses Interest in Alternative Data and Cybersecurity Risks
White House Releases Proposed Guidance for the Regulation of AI
By Jeffrey Neuburger on Posted in Regulatory, Technology
Reflections on 2019 in Technology Law, and a Peek into 2020
Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated
By Jeffrey Neuburger on Posted in Copyright, Internet, Online Commerce
Retailer Reminder: FTC Releases Guidance for Social Media Influencers
By Jeffrey Neuburger on Posted in Internet, Online Content, Regulatory, Social Media
Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision
Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World
By Jeffrey Neuburger on Posted in Autonomous Cars, Privacy, Technology
