During the 2012 election cycle, we cautioned that campaign finance problems can haunt candidates long after the election is over. Case in point: As the New York Daily News reports, the New York City Campaign Finance Board recently voted to impose $72,402 in penalties for violations of 15 different campaign finance restrictions, including
July 2013
Clickwrap Agreement Found Sufficient to Transfer Copyright Ownership
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held that accepting a website’s terms of use through a so-called “clickwrap” agreement constitutes a signature for purposes of effecting a transfer of copyright.
The case, Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., revolved around…
Ninth Circuit Panel Rules Against Fox Preliminary Injunction Request in Dish Hopper Case
Recently, a Ninth Circuit panel unanimously affirmed the district court’s denial of a preliminary injunction in Fox’s copyright and contractual challenge to Dish’s Hopper set-top boxes and related AutoHop feature. The Ninth Circuit emphasized that it applied a “limited and deferential review” that does not “determin[e] the ultimate merits of the case.” In particular, the…
FTC Releases Updated Guidance on New COPPA Rule
Yesterday, the FTC staff released its latest round of updated Frequently Asked Questions (“FAQs”) for its Rule implementing the Children’s Online Privacy Protection Act (“COPPA Rule”). These new FAQs address the circumstances in which third parties may obtain “actual knowledge” that they are collecting personal information from a child-directed site or service and whether parental…
Senators Rockefeller and Thune Introduce “Cybersecurity Act of 2013”
In advanced of a July 25 Senate Commerce Committee hearing on “The Partnership Between NIST and the Private Sector: Improving Cybersecurity,” Chairman Jay Rockefeller (D-WV) and Ranking Member John Thune (R-SD) introduced the “Cybersecurity Act of 2013” (S. 1353).
The bill avoids controversial topics such as information sharing and regulation of critical infrastructure…
Ten Considerations When Taking a Licence From a University
Taking a licence from a university or other academic institution raises specific considerations in addition to those that would normally apply in a purely commercial setting. We set out below ten key considerations for any commercial entity taking a licence from a university in the EU.
1. Continuing academic research in the field and publication…
Smooth Sailing — Today’s Committee Hearing on FEC Nominations
The Senate Committee on Rules and Administration held a hearing this morning to consider the nominations of Ann Miller Ravel and Lee E. Goodman to serve as Members of the Federal Election Commission. It was smooth sailing for the nominees, with Members of Congress and nominees alike lamenting the current state of affairs and agreeing…
SpectrumWatch: Congress, FCC Consider Options for TV Spectrum Repacking, Cable Pricing
A congressional subcommittee held an oversight hearing Tuesday addressing the Federal Communications Commission’s progress in setting rules for the upcoming incentive auction of television broadcast spectrum for mobile broadband use. On Monday, the FCC released a Public Notice addressing one aspect of those rules, which would govern how TV stations that do not sell their…
FEC Moves to Reconsider Scope of “Spouse” In Light of Supreme Court Decision Striking Down DOMA
As we recently predicted the Supreme Court’s decision in United States v. Windsor striking down part of the Defense of Marriage Act is prompting the FEC to reconsider, and likely revise, its decision in an earlier Advisory Opinion, 2013-02 (“Winslow I”), that the definition of “spouse” under federal election law did not apply…
PBGC Proposes to Simplify Premium Rules
By Amy N. Moore
The Pension Benefit Guaranty Corporation has released a proposed regulation that would set a uniform due date for all PBGC premiums. Under current rules, the premium due date depends on the size of the plan and the type of premium. For example, large calendar-year plans are required to pay fixed-rate premiums on February 28 and…