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.
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With the change in administrations in Washington, there has been a drive to enact or amend legislation in a variety of areas. However, most initiatives lack the zeal found with the bipartisan interest in “reining in social media” and pursuing reforms to Section 230 of the Communications Decency Act (CDA). As we have documented,, the parade … Continue Reading
On January 14, 2021, Southwest Airlines Co. (“Southwest”) filed a complaint in a Texas district court against an online travel site, Kiwi.com, Inc. (“Kiwi”), alleging, among other things, that Kiwi’s scraping of fare information from Southwest’s website constituted a breach of contract and a violation of the Computer Fraud and Abuse Act (CFAA). (Southwest Airlines … Continue Reading
As reported last week, it appears that a state-sponsored security hack has resulted in a major security compromise in widely-used software offered by a company called SolarWinds. The compromised software, known as Orion, is enterprise network management software that helps organizations manage their networks, servers and networked devices. The software is widely-used by both public … Continue Reading
On December 9, 2020, the Wall Street Journal reported that Apple and Google will block the data broker X-Mode Social Inc. (“X-Mode”) from collecting location data from iPhone and Android users. Apple and Google have reportedly informed app developers to remove the X-Mode social tracking SDK from all of their apps within a short period … Continue Reading
New York has enacted a new law, effective February 9, 2021, regulating automatic renewal and some “free trial” type agreements. While some organizations may have already taken steps to be in compliance with industry requirements, the federal Restore Online Shoppers’ Confidence Act (ROSCA), and similar auto-renewal laws in place in California and other states, all … Continue Reading
On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a computer “without authorization” or “exceeding authorized access” to a computer and thereby obtaining information and causing a “loss” under the … Continue Reading
The appetite for acquisitions and investment in online businesses has never been stronger, with many of the most attractive online opportunities being businesses that host, manage and leverage user-generated content. These businesses often rely on the immunities offered by Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”) to … Continue Reading
In continuing its efforts to enforce its terms and policies against developers that engage in unauthorized scraping of user data, this week Facebook brought suit against two marketing analytics firms, BrandTotal Ltd (“BrandTotal”) and Unimania, Inc. (“Unimania”) (collectively, the “Defendants”) (Facebook, Inc. v. BrandTotal Ltd., No. 20Civ04246 (Cal. Super. Ct., San Mateo Cty Filed Oct. … Continue Reading
Section 230 of the Communications Decency Act, 47 U.S.C. §230 (“Section 230” or the “CDA”), enacted in 1996, is generally viewed as the most important statute supporting the growth of Internet commerce. The key provision of the CDA, Section 230(c)(1)(a), only 26 words long, simply states: “No provider or user of an interactive computer service … Continue Reading
Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently less attention is paid to how those terms are actually presented to users of the service. As … Continue Reading
Last week, a putative privacy-related class action was filed in California district court against financial analytics firm Envestnet, Inc. (“Envestnet”), which operates Yodlee, Inc. (“Yodlee”). (Wesch v. Yodlee Inc., No. 20-05991 (N.D. Cal. filed Aug. 25, 2020)). According to the complaint, Yodlee is one of the largest financial data aggregators in the world and through … Continue Reading
This past week, the operator of the popular Weather Channel (“TWC”) mobile phone app entered into a Stipulation of Settlement with the Los Angeles City Attorney, Mike Feuer (“City Attorney”), closing the books on one of the first litigations to focus on the collection of locational data through mobile phones. (People v. TWC Product and … Continue Reading
The currents around the Communications Decency Act just got a little more turbulent as the White House and executive branch try to reel in the big fish of CDA reform. On July 27, 2020, the Commerce Department submitted a petition requesting the FCC initiate a rulemaking to clarify the provisions of Section 230 of the … Continue Reading
Last week, hiQ Labs, Inc. (“hiQ”) filed its brief urging the Supreme Court to deny LinkedIn Corp.’s (“LinkedIn”) petition for a writ of certiorari in the Ninth Circuit’s blockbuster ruling in hiQ Labs, Inc. v. LinkedIn Corp., 938 F.3d 985 (9th Cir. 2019). The principal issue in the case concerns the scope of Computer Fraud and Abuse … Continue Reading
Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. §230, enacted in 1996, is often cited as the most important law supporting the Internet, e-commerce and the online economy. Yet, it continues to be subject to intense criticism, including from politicians from both sides of the aisle. Many argue that the CDA has been … Continue Reading
In what could be prove to be an important decision within the context of scraping of “public” data, in a recent case the Eleventh Circuit reversed a lower court’s dismissal of trade secret claims relating to the scraping of insurance quotes. (Compulife Software, Inc. v. Newman, No. 18-12004 (11th Cir. May 20, 2020)). The appellate … Continue Reading
President Trump signed an Executive Order today attempting to curtail legal protections under Section 230 of the Communications Decency Act (“Section 230” or the “CDA”). The Executive Order strives to clarify that Section 230 immunity “should not extend beyond its text and purpose to provide protection for those who purport to provide users a forum … Continue Reading
UPDATE: On the afternoon of May 28, 2020, the President signed the executive order concerning CDA Section 230. A copy/link to the order has not yet been posted on the White House’s website. According to news reports, the Trump Administration (the “Administration”) is drafting and the President is set to sign an executive order … Continue Reading
Late last month, the French data protection authority, the CNIL, published guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes. The guidance is noteworthy in two respects. First, it speaks to … Continue Reading
This past March, many organizations were forced to suddenly pivot to a “work from home” environment (“WFH”) as COVID-19 spread across our country. However, many companies did not have the necessary technical infrastructure in place to support their full workforce on a WFH basis. Often, remote access systems were configured assuming only a portion of … Continue Reading
We continue to wait to see if the Supreme Court will accept LinkedIn’s petition to overturn the Ninth Circuit’s blockbuster ruling in the hiQ Labs case. In that case, the appeals court held that an entity engaging in scraping of “public” data had shown a likelihood of success on its claim that such access does … Continue Reading
In an innovative initiative in the battle against the Coronavirus, the newly-formed Open COVID Coalition (the “Coalition”) launched the Open COVID Pledge (the “Pledge”), a framework for organizations to contribute intellectual property to the fight against COVID-19. Pursuant to the Pledge, rightsholders can openly license intellectual property to facilitate the development of tools and technologies … Continue Reading
In recent years, courts have issued a host of rulings as to whether online or mobile users received adequate notice of and consented to user agreements or website terms when completing an online purchase or registering for a service. Some online agreements have been enforced, while others have not. In each case, judges have examined … Continue Reading
In early February 2020, before most of us were truly aware of the implications of COVID-19, a well-respected IT consulting group predicted a $4.3 trillion global spend on information technology in 2020. Drivers of the projected activity included cybersecurity, outdated infrastructure, mobile accessibility needs, cloud and SaaS transitions, and on-premises technology requirements. In late 2019, … Continue Reading
Group of Democratic Senators Release Latest CDA Reform Bill
By Jeffrey Neuburger on Posted in Internet, Legislation, Online Content, Social Media
Southwest Airlines Sues to Stop Web Scraping of Fare Information
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce, Screen Scraping
How to Respond to the SolarWinds “Orion” Supply Chain Attack
By Jeffrey Neuburger, Ryan Blaney, Margaret A. Dale and Nolan Goldberg on Posted in Contracts, Data Security, Software
Mobile Platforms to Block Data Broker from Collecting User Location Data
By Jeffrey Neuburger on Posted in Mobile, Privacy, Technology
New York’s Automatic Renewal Law Coming in February 2021: New Compliance Issues to Follow
By Jeffrey Neuburger on Posted in Contracts, Legislation, Online Commerce
Supreme Court Hears Oral Argument in Its First CFAA Case
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Data Security, Screen Scraping
CDA “Reform” on the Horizon: Investors and Operators Take Note
By Jeffrey Neuburger on Posted in Internet, Online Commerce, Online Content, Social Media
Facebook Brings Suit against Developers of a Browser Extension That Harvested User Data
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Content, Screen Scraping, Social Media
DOJ Submits CDA Reform Proposal to Congress to Curtail Protections for Online Platforms
By Jeffrey Neuburger on Posted in Internet, Legislation, Online Commerce, Online Content, Social Media
Thoughtful Presentations of Terms of Use Crucial for Enforceability
By Jeffrey Neuburger on Posted in Contracts, Internet, Mobile, Online Commerce
Financial Data Aggregator Faces Consumer Privacy Suit over “Surreptitious” Collection of Banking Information
By Jeffrey Neuburger on Posted in Mobile, Online Commerce, Privacy
Eclipsed by Evolving Law, Policy and Technology, Seminal Mobile Location Data Case Settled
By Jeffrey Neuburger on Posted in Contracts, Mobile, Privacy
Commerce Dept. Petitions FCC to Issue Rules Clarifying CDA Section 230
By Jeffrey Neuburger on Posted in Internet, Online Commerce, Online Content, Regulatory, Social Media
hiQ Files Opposition Brief with Supreme Court in LinkedIn CFAA Data Scraping Dispute
The Communication Decency Act and the DOJ’s Proposed Solution: No Easy Answers
By Jeffrey Neuburger on Posted in Internet, Online Content, Social Media
Wholesale Scraping of “Public” Data May Be Trade Secret Misappropriation
By Jeffrey Neuburger on Posted in Licensing, Online Content, Screen Scraping, Software, Trade Secrets
President Signs Executive Order Directing Agencies to Probe the Contours of CDA Immunity
By Jeffrey Neuburger on Posted in Online Content, Regulatory, Social Media
President to Unveil Executive Order to Address CDA Section 230 Protections
By Jeffrey Neuburger on Posted in First Amendment, Online Content, Regulatory
French Data Protection Authority Speaks to Web Scraping
By Jeffrey Neuburger on Posted in Online Content, Privacy, Screen Scraping
Protecting Business Information Assets in the “Work From Home” Environment
By Jeffrey Neuburger on Posted in Contracts, Data Security, E-mail, Electronic Records, Mobile
Important Developments (Including Supreme Court Review) in the Interpretation of the Computer Fraud and Abuse Act
By Jeffrey Neuburger on Posted in Computer Fraud and Abuse Act, Contracts, Screen Scraping
Open COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response
By Jeffrey Neuburger on Posted in Contracts, Copyright, Licensing, Open Source, Software
Cluttered User Registration Screens Challenge Enforceability of Site Terms
By Jeffrey Neuburger on Posted in Contracts, Internet, Online Commerce
Work-Outs of Technology and Services Agreements Challenged by COVID-19
By Jeffrey Neuburger on Posted in Contracts, Licensing, Software, Technology
