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Stock-puzzle

In their recent Client Alert, colleagues David S. Baxter, Robert B. Robbins, Jonathan J. Russo, and Matthew J. Kane examine the SEC’s adoption of “Regulation Crowdfunding,” the long-awaited final rules regulating what has become the investment vehicle of choice for many creators, entrepreneurs and consumers alike in the Internet Age. Regulation Crowdfunding will allow smaller, private U.S. companies to raise up to one million dollars in a 12-month cycle by selling securities over the Internet or web-based apps and other tech to small individual investors.

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Stories of interest this week include the doggy IDing skills of the Facebook AI, Apple looking to apply Force Touch to its keyboards, the WWE’s experiment with virtual reality, Intel’s plans for the Internet of Things, and more…

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In their recent Client Alert, colleague Catherine D. Meyer examines the prospects of a potential “Safe Harbor 2.0” being hammered out between the EU and United States regarding data transfer schemes.

Additional Source: With Safe Harbor now “Invalid,” Companies Must Change Data Practices

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Stories of interest this week include discussions of “melt your brain” VR at YouTube; the resurrecting of deceased loved ones via social media history; transforming that key fob or piece of jewelry into a payment device; and more…

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With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on Periscope or Meerkat merely allow users to create real-time videos to share with their followers or show snippets of everyday life (like a walk through the park or a birthday celebration), legal complications can arise when users give viewers a glimpse into highly anticipated and publicized live events.

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The decision of Europe’s top court yesterday to confirm that the ruling that the Europe Union(EU)/U.S. Safe Harbor scheme, Commission Decision 2000/520, was invalid has major implications for any businesses transferring data from the EU to the United States.

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When Kim Kardashian speaks, the FDA listens.

Or, more precisely, when Kardashian, who has 46.8 million followers on Instagram, posts an enthusiastic endorsement—and advertisement—on the social media platform for Diclegis, a prescription drug for treating morning sickness, the agency takes notice (and gives it). In a letter to Duchesnay Inc., the drug’s makers, the FDA reprimanded the company for the “false or misleading” post and requested not only that Duchesnay take down the post, but that it submit a “comprehensive plan of action to disseminate truthful, non-leading, and complete corrective messages” about the drug.

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With unmanned aerial vehicles (UAV) (also called drones) anticipated to become a multi-billion dollar industry in a few years, many are betting that drone gaming will explode as the next big thing in competitive entertainment. It is not hard to see why: with the aid of first-person view (FPV) headsets and camera-mounted drones, drone gaming allows otherwise gravity-bound users to experience flight at exhilarating speeds—sometimes up to 100 mph. Despite their undeniable appeal and popularity, competitive drone gaming may stay grounded until Federal Aviation Administration (FAA) guidelines and regulations are more favorable. Nevertheless, there are a number of ways that drone manufacturers and drone gaming organizers can facilitate legal drone gaming competitions that may avoid the need of going through an FAA approval process—this post explores a few considerations.

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Today, Pillsbury attorneys Joseph Tiffany and Connie Wolfe published their client alert titled Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm. The Alert notes that, in the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, the Seventh Circuit Court of Appeals has become the first post-Clapper appellate court to hold that data breach victims adequately alleged standing based on risks of future harm. In Remijas v. Neiman Marcus Group, LLC, the district court dismissed a class action complaint against retailer Neiman Marcus based on the plaintiffs’ lack of Article III standing. Plaintiffs appealed, and the Seventh Circuit reversed. The decision adds a new element of uncertainty for custodians of customer data impacted by data breaches.

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In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act.  The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order. The Ruling focuses largely on providing guidance, particularly for new and emerging technologies, regarding what an automated telephone dialing system (aka ATDS or autodialer) is and when consent to use one to place a call or send a text message is required under the Telephone Consumer Protection Act and its implementing regulation, 47 C.F.R. § 64.1200. All businesses should immediately reevaluate their calling and text messaging practices to ensure compliance with the new Ruling, as it is likely to escalate the continued upward trend in TCPA class action filings.

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