LEGAL INSIGHTS

The digital economy is revolutionizing every aspect of our lives, and success in today’s economy requires that businesses become disruptors and innovators. At Patrick Law Group, we believe that a critical component of competitiveness in the digital economy is the pursuit of sharing and collaboration of relevant information.

We recognize the increasing complexity our Clients face in identifying relevant content and insightful business perspectives on changes and developments important to their practice areas and business interests. We invest in creating and sharing Client-centric content, and provide our Clients with current insights and knowledge that affect critical business decisions and the development of cogent business strategies.

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  • DHS Cybersecurity Arm Directs Executive Agencies to Develop Vulnerability Disclosure Policies December 3, 2019
    On November 27, 2019, the Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security (DHS) released for public comment a draft of Binding Operational Directive 20-01, Develop and Publish a Vulnerability...
    Patrick Law Group, LLC
  • Open Internet Advocates Rejoice: Ninth Circuit Finds Web Scraping of Publicly Accessible Data Likely Does Not Violate CFAA October 28, 2019
    The Ninth Circuit Court of Appeals recently handed open internet advocates a big win by upholding the right of a data analytics startup to use automated bots to scrape publicly available data (hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th...
    Patrick Law Group, LLC
  • The ABA Speaks on AI August 15, 2019
    Earlier this week, the American Bar Association (“ABA”) House of Delegates, charged with developing policy for the ABA, approved Resolution 112 which urges lawyers and courts to reflect on their use (or non-use) of artificial intelligence (“AI”)...
    Patrick Law Group, LLC
  • Is Anonymized Data Truly Safe From Re-Identification? Maybe not. August 5, 2019
    Across all industries, data collection is ubiquitous.   One recent study estimates that over 2.5 quintillion bytes of data are created every day, and over 90% of the data in the world was generated over the last two years. Not surprisingly, the...
    Patrick Law Group, LLC
  • FTC Settlement Reminds IoT Companies to Employ Prudent Software Development Practices July 31, 2019
    Smart home products manufacturer  D-Link Systems Inc. (D-Link) has reached a proposed settlement with the Federal Trade Commission after several years of litigation over D-Link’s security practices. The dispute, which dates back to early 2017, has...
    Patrick Law Group, LLC
  • Beyond GDPR: Brexit’s Effect on other Data Laws June 20, 2019
    Since the United Kingdom (UK) voted in June, 2016, to exit the European Union (i.e., “Brexit”), the question in many minds has been, “Whither GDPR?”  After all, the UK was a substantial contributor to this legislation.  The UK has offered...
    Patrick Law Group, LLC
  • San Francisco Says The Eyes Don’t Have It: Setting Limits on Facial Recognition Technology May 16, 2019
    On May 14, 2019, the San Francisco Board of Supervisors voted 8-1 to approve a proposal that will ban all city agencies, including law enforcement entities, from using facial recognition technologies in the performance of their duties.  San...
    Patrick Law Group, LLC
  • NYC’s Task Force to Tackle Algorithmic Bias: A Study in Inertia May 2, 2019
    In December, 2017 the New York City Council passed Local Law 49, the first law in the country designed to address algorithmic bias and discrimination occurring as a result of algorithms used by City agencies. Local Law 49 created an Automated...
    Patrick Law Group, LLC
  • U.S. Lawmakers Want Companies to Check their Bias April 26, 2019
    Although algorithms are often presumed to be objective and unbiased, technology companies are under increased scrutiny for alleged discriminatory practices related to their use of artificial intelligence. As a result of the rising concern that...
    Patrick Law Group, LLC
  • The Weight of “GDPR Lite” March 19, 2019
    In June, 2018, California’s legislature took the first steps to ensure that the state’s approach to data privacy was trending more closely to the European Union’s General Data Protection Regulation (GDPR), the de facto global industry standard for...
    Patrick Law Group, LLC
Mark Madness: Avoiding Trademark Landmines in College Sports

Mark Madness: Avoiding Trademark Landmines in College Sports

By Dawn Ingley | Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark.  The Damascus Swarmin’ Hornets had previously negotiated with Georgia Tech to carefully define its use of the “Green Hornet,” which, unlike “Buzz,” faced in an opposite direction, had a “D” on its chest and was yellow and green, instead of gold and black.  Damascus and Georgia Tech previously agreed that the Green Hornet could be used on helmets, hallway signs and in the school’s newspaper. 

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LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

By Linda Henry | The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches even in the absence of actual consumer injury. The Court’s decision, which is expected in the coming months, will have widespread implications on companies’ potential liability for lax security practices.

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IoT Device Companies: Add COPPA to Your “To Do” Lists

IoT Device Companies: Add COPPA to Your “To Do” Lists

By Jennifer Thompson | Last week, the Federal Trade Commission (FTC) updated its guidance on the Children’s Online Privacy Protection Act (COPPA).  COPPA and the FTC’s related COPPA Rules establish guidelines to protect children under the age of 13 as they access the internet.  The recent updates issued by the FTC make it apparent that companies, when expanding their business offerings and product portfolios, must also ensure they are adequately protecting children in their potential use of these products and offerings.  Specifically, the FTC identified: 1) new business models that could cause a company to become subject to COPPA; 2) new products that are covered by COPPA; and 3) new methods for obtaining parental consent under COPPA.

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Is Automation Really the New Outsourcing?

Is Automation Really the New Outsourcing?

By Dawn Ingley | As disruptive technologies continue to explode across the corporate technology landscape, a natural inclination from both business personnel and attorneys may be to draw parallels between these innovation tools and more established technologies and practices.  Robotics and process automation (“RPA”), a hotbed of exponential growth in recent years, is no different.  Increasingly, the benefits and risks of RPA have been compared to those ones associated with traditional outsourcing or managed services (“BPO”).  And while a considerable amount of overlap undoubtedly exists, the critical differences between RPA and BPO are even more striking.

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Someone Needs a Digital Makeover: Rethinking NAFTA in the Digital Economy

Someone Needs a Digital Makeover: Rethinking NAFTA in the Digital Economy

By Linda Henry | When the North American Free Trade Agreement went into effect on January 1, 1994, there were an estimated 10,000 websites, most people used dial-up online services, Google had not yet become a verb, and the first online transaction (purchase of a Sting CD) would not occur until later that year.  As a result, NAFTA did not contemplate digital trade flows and many in the tech sector agree that the time has come to update NAFTA for the digital age.

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Mobile Apps: Key Privacy, Security and Data Collection Considerations

Mobile Apps: Key Privacy, Security and Data Collection Considerations

By Linda Henry | Over the past three years, mobile application usage in the U.S. has increased by 111%, and over 50% of digital media consumption in the U.S. is now through mobile apps. As consumer use of mobile apps continues to rise, the Federal Trade Commission and state attorneys general have increased their focus on the privacy and data collection practices of mobile application providers.

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