On May 28, 2013, the New York Advisory Committee on Judicial Ethics issued an opinion stating “that the mere status of being a ‘Facebook friend,’ without more, is an insufficient basis to require recusal.” (Emphasis in original). The sole act of friending an individual on Facebook does not create an…
Laura Gustafson will present during a one-hour PLI webinar briefing entitled “Catch Phrase or Trademark Infringement? A Trap for the Unwary,” on June 19 at 1:00pm EST. The recent 2nd Circuit opinion in Kelly-Brown v. Oprah Winfrey, _F3d_, 2013 WL 2360999 (2d Cir 2013) highlights a potential trademark “trap for…
Please join us at the Video Games and Digital Media Conference on June 10, 2013. Pillsbury attorney Cydney Tune is co-chairing this upcoming conference hosted by the American Bar Association Forum on the Entertainment & Sports Industries. She is also speaking on the topic of “Data Privacy, PII, and Online…
On May 21, 2013, Washington’s governor signed a new law protecting employee social networking accounts. The new law, which goes into effect on July 28, 2013, prevents employers from requesting, requiring or coercing an employee or applicant to disclose login information for the employee’s personal social networking account. Employers also…
The U.S. Department of the Treasury has targeted Liberty Reserve S.A. as a financial institution of primary money laundering concern under Section 311 of the USA PATRIOT Act (Section 311). According to Financial Crimes Enforcement Network (FinCEN) press release, Liberty Reserve – a web-based money transfer system or “virtual currency” –…
On May 20, 2013, the New Jersey Assembly passed – by a vote of 77 to 0 – a revised bill barring employers from seeking access to employees’ social media accounts. The bill incorporates changes suggested by Governor Chris Christie, including the elimination of a private cause of action. Instead,…
A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. Walmart Hopes ‘Gamification’ Can Engage Employees and Turn Things Around In a move that echoes what other major employers are doing, the nation’s largest retailer is working with a Boston-based marketing and consulting organization…
FinCEN recently issued interpretive guidance to clarify that it views certain activities involving convertible virtual currencies as money transmission services under the Bank Secrecy Act and FinCEN regulations. If your business involves creating, obtaining, distributing, exchanging, accepting, or transmitting virtual currencies, you may be subject to FinCEN’s registration, reporting, and…
The Financial Industry Regulatory Authority (FINRA) has levied a $7.5 million fine against LPL Financial LLC (LPL) for a series of email system failures which prevented LPL from accessing hundreds of millions of emails and reviewing tens of millions of other emails. On top of that. FINRA ordered LPL to establish…
It took just two weeks for the first online poker site located and operated completely inside the United States to deal its one millionth hand of poker. While UltimatePoker.com is only available to Nevada residents located in Nevada at this point, it has set the stage for what is likely…