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Articles Posted by Pillsbury's Internet & Social Media Team

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The Three Biggest (Non-IP) Legal Issues Faced by Blockchain-Based Platform Technology Providers

For all the excitement and promise of blockchain-based technology, it’s vital to remember that the very “newness” of a technology can lead to issues of basic legal compatibility. Few if any technologies magically create their own regulatory framework whole cloth, after all. For this reason, technology providers wishing to use…

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Be Careful that Bot Doesn’t Come Back to Bite You

Much like humans, bots come in all shapes and sizes. In social media networks, these bots can like what you post and even increase your followers. Companies use bots for all types of things—from booking a ride to giving makeup tutorials. Some bots can even solve your legal problems. Besides…

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FDA Public Hearing on Regulation of CBD: Are Extract, Processing and Quality Control Technologies Potentially More Important than Ever in the Cannabis Industry?

On May 31, 2019 the FDA held a public hearing about cannabidiol (CBD) products. The day-long hearing saw comments and presentations from stakeholders ranging from nonprofit organizations like ASTM International to the Grocery Manufacturers Association, a food, beverage and consumer product trade association. Corporate entities in the cannabis industry also…

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Like the FTC Before It, the UK’s Competition and Markets Authority Puts Influencers on Alert

Be clear. Be open. Be upfront. That’s what influencers need to do to build a following. But those same standards could just as easily describe the legal guidelines applicable to influencers Fall short, and influencers may violate the law. As we’ve chronicled on this blog, influencers in the United States…

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Cannabis, Yeast and the Quest for Cannabinoid Synthesis

CBD, CBG, CBA, CBN, THC—the race to find the holy grail of cannabinoid production is in full swing. Money flows abound, unicorn-hungry investors looking to capture market share are swirling around promising frontrunners with lucrative IP. One interesting segment of cannabis IP gaining traction focuses on cannabinoids synthesis from microorganisms…

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A Reminder that CCPA Compliance and GDPR Compliance Are Not the Same Thing

For any company that has tackled GDPR compliance, the new privacy rights introduced by the California Consumer Privacy Act of 2018 (CCPA) will seem pretty familiar. It might even be tempting to assume that by being GDPR compliant, one is already most of the way there in terms of preparing…

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Trade Secrets and Theft by Steganography: When a Picture Contains a Thousand Words

In November 2018, the U.S. Department of Justice rolled out the China Initiative. This new policy includes plans to “identify priority Chinese trade theft cases, ensure we have enough resources dedicated to them, and … bring them to an appropriate conclusion quickly and effectively.” The new Attorney General, who has…

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How Best to Tax the Cloud?

With the transition of software from physical, boxed merchandise to web-based, downloadable content, the question of how and whether to tax this less tangible manifestation of goods and services has been taken up by courts and legislators alike. In “The Evolution of Software as a Service Taxes Post-Wayfair,” colleagues Dmitrii Gabrielov…

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What Will Be the Endgame for Copyright in AI-Generated Works?

(Note, this post has spoilers for Avengers: Endgame.) Perhaps one of the most mesmerizing scenes in Avengers: Endgame is where all the MCU superheroes (including those on Titan) come through Dr. Strange’s portals to enter the battle against Thanos. In Avengers: Infinity War, Dr. Strange didn’t use these portals to…

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The Bias in the Machine: Facial Recognition Has Arrived, but Its Flaws Remain

When it comes to photos destined for the web, I’d rather be behind the camera than in front of it. However, on a recent trip to Tokyo I was reminded that photos of me, and specifically my face, are often being captured and processed by systems that are increasingly being…