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As regulations and best practices regarding online terms continues to impose increasing requirements on operators of websites, apps and online services, a basic set of online terms can now encompass as many as half a dozen documents! One just needs to glance at the footer of most any website to see the array of policies that are now needed to minimally address commercial and legal considerations. A normal schema of online terms includes: Terms of Service, an Acceptable Use Policy, a Copyright/DMCA Policy, a Privacy Policy, a Cookie Policy, and a California Privacy Notice. All of these various policies typically wrap up into the Terms of Service. From a practical standpoint, and in some instances out of legal necessity, it is best to break these policies into separate documents and utilize hyperlinks and other embedded text to create a structure that can be navigated electronically. To date, this has seemed to be a reasonable approach and is particularly favored by web and app designers who strive to create clean screens with streamlined text.

But beware—nesting hyperlinks to various policies within a master set of terms can lead to trouble.

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tZERO-Logo-300x157With bitcoin prices rocketing nearly 300% from trough to peak when COVID-19 lockdowns were announced in March 2020 and then relaxed in July 2020, I thought I would revisit a blockchain company we discussed earlier last year to see how it has progressed and been valued by the financial community: Overstock.

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iStock-486463910-patent-innovation-300x200Many companies are increasingly looking to the federal government during COVID-19 for liquidity or other financial assistance. Colleague Drew Schulte recently spoke with host Joel Simon on Pillsbury’s Industry Insights podcast and highlighted a variety of strategies available to companies with intellectual property assets (and particularly patents or patentable assets) to reduce costs and to generate revenue by monetizing their IP assets.

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Recently, Pillsbury’s Deborah Thoren-Peden sat down with a panel of experts that included Millicent Calinog Tracey (former Wells Fargo SVP), Samantha Ettus (founder and CEO of Park Place Payments) and Pillsbury partner John Barton. They discussed how businesses and the customer experience have been impacted due to COVID-19 and how banks, fintechs and payment companies can maximize opportunities and mitigate risk with increased demand in the digital payments space.

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Simple Agreements for Future Tokens (SAFT) continue to pose difficult and controversial legal questions under U.S. securities, commodities and tax laws. In “Legal Implications of Secondary SAFT Sales,” Daniel N. Budofsky, Laura E. Watts, Riaz A. Karamali and James T. Chudy explore these questions at length.

 

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USPTO-seal-300x300Though the USPTO typically examines trademark applications in the order received, special circumstances can from time to time justify examination out of order. The USPTO has determined that the COVID-19 pandemic is such a special circumstance, recognizing the need to bring COVID-19-related medical products and services to market as quickly as possible.

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GettyImages-1166134576-ai-privacy-300x183As the world continues to deal with the unprecedented challenges caused by the COVID-19 pandemic, Artificial Intelligence (AI) systems have emerged as a potentially formidable tool in detecting and predicting outbreaks. In fact, by some measures the technology has proven to be a step ahead of humans in tracking the spread of COVID-19 infections. In December 2019, it was a website-leveraging AI technology that provided one of the key early warnings of an unknown form of pneumonia spreading in Wuhan, China. Soon after, information sharing among medical professionals followed as experts tried to understand the extent of the unfolding public health crisis. While humans eventually acted on these warnings, the early detection enabled through use of AI-supported data aggregation demonstrates both the promise and potential concerns associated with these systems.

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SEC-logo-300x300As the COVID-19 pandemic continues to affect industries worldwide, companies are working to stay abreast of—and to proactively react to—the effects and the unique risks of this pandemic. The inherent uncertainty concerning timeframe and magnitude of market disruptions has caused many companies, and even industries, to reevaluate status quo operations and adjust both short-term plans and long-term risk assessments. In light of this, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) has recently released guidance for public companies regarding its current views on such companies’ risk factor disclosures in light of COVID-19’s distinctive disruptions.

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Please join us Thursday, May 21, 2020, at 1:00 pm CT / 11:00 am PT for an Industry Insights webinar series designed to help clients spot issues, mitigate risk and navigate challenges specific to their industry. During this 30-minute video webinar David Tsai, Chris Kao and Josh Tucker will discuss what the COVID-19 crisis means for technology companies and their IP.

Major topics will include the current patent litigation climate, considerations for buying and selling IP portfolios, and a look ahead at the opportunities and implications of emerging tech.

REGISTER HERE

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Please join us May 21, 2020, at 11:00 am PT / 1:00 pm CT for an Industry Insights webinar series designed to help clients spot issues, mitigate risk and navigate challenges specific to their industry. During this 30-minute webinar, David Tsai, Chris Kao and Josh Tucker will discuss what the COVID-19 crisis means for technology companies and their IP. Major topics will include the current patent litigation climate, considerations for buying and selling IP portfolios, and a look ahead at the opportunities and implications of emerging tech.

REGISTER HERE