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Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs, many of which are based on, refer to, or even incorporate, expressive works. Leading the charge have been cases addressing whether NFT makers who utilize other parties’ trademarks can turn to the First Amendment as a defense to trademark infringement. This inquiry turns on the now decades-old test established by the Second Circuit in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). The Rogers test allows defendants to raise a free speech defense if their use of a mark is artistically relevant to their work and does not explicitly mislead consumers as to its source.
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China Finalizes New Regulations to Relax Personal Data Exports from China
By Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
The Perfect Storm: Why Contract Hiring In Privacy Will Eclipse Direct Hiring In 2024
By Jared Coseglia
With significantly fewer fully remote positions available in 2023, active job seekers were faced with the question of whether to begin considering compromises on work-from-home flexibility or compromise in other areas like compensation, vertical mobility, quality of life, or employment modality.
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
By Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.
Shielding Law Practices: Mitigating Vendor Risks to Safeguard Client Confidentiality
By Brad Hibbert
Because vendors often access clients’ internal systems, customer data, and intellectual property, they will always be a magnet for hackers searching for valuable data. Bad actors will always look for the weak spots in a firm’s defenses, including those deployed by a firm’s vendors and other third parties. And signs point to a growing number of cyberattacks, not a lessening of them.