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Sean F. Kane, Pillsbury special counsel, will participate in PLI’s Think Like a Lawyer, Talk Like a Geek 2013: Get Fluent in Technology seminar by co-presenting during the “Virtual Games and Virtual Currency” session on Monday, November 18, 2013 at 11:30am.

This unique program will present extraordinary sessions combining experienced technology lawyers with industry hi-tech experts. You will hear simple and direct explanations of current technologies.

What you will learn:

  • How every company and individual is a target for international hackers
  • How cloud computing is displacing traditional software applications
  • How social networks are monetizing the detailed data they collect
  • The techniques used by mobile networks to track consumers
  • How online and virtual games have incorporated “virtual currency” into their platforms
  • Best practices for software project planning, implementation and negotiation
  • Establishing a corporate policy in creating and using Big Data

This event will also be webcast on November 18, 2013 at 9:00am.

SPEAKERS
Sean Kane, Pillsbury special counsel

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The NY appeals court reinstated a gambling conviction against a man who ran an illegal Texas Hold’em lounge. Originally, the gambling conviction was dismissed, largely based on the argument that poker was a game of skill, and therefore not illegal gambling. However, the appeals court overturned the dismissal based on NY State law, rather than federal gambling laws, stating the “the question of whether skill or chance predominates poker is inapposite to this appeal.” NY State law is fairly strict when it comes to gambling, which is basically illegal unless it is explicitly authorized by NY law.

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Cydney Tune will provide the Program Overview for PLI’s Technology and Entertainment Convergence 2013: Hot Business and Legal Issues in “Technotainment” on Wednesday, September 18, 2013 at 9:00am. Ms. Tune will also co-present during the “Going Mobile: Key Issues in Developing and Distributing Mobile Apps” session at 11:30am.

James Gatto will present during the “Know When to Hold ‘Em” session, which will focus on legal issues with social media-based sweepstakes, prediction markets and other forms of non-real money gaming, at 2:45pm.

This year’s program includes today’s major legal and business issues in the convergence of entertainment and technology. The program brings together a faculty of experienced in-house lawyers, law firm attorneys and senior business executives on the cutting edge of this burgeoning practice.

The expert faculty will address recent litigation and key cases involving convergence issues, such as the myriad of issues raised by new platforms and new technologies as well as the resulting evolution of entertainment content; recent decisions on digital television, right of publicity, and contributory copyright liability; issues in connection with social media and apps, including privacy issues and the new COPPA rules; and advertising and promotion issues and strategies.

The discussions will also focus on transitions in the entertainment industries, such as TV, film, and games, and the related issues and strategies. Be sure that you are on top of all of the developments and burning legal issues at the intersection of technology and entertainment! You will learn what you need to know to maintain your practice edge by attending this one-day “Technotainment” program.

What you will learn:

  • Convergence trends and relevant technology developments
  • The evolving entertainment industries, including TV, film, and games
  • Trends in litigation and recent convergence cases
  • Legal issues in social media and apps, including privacy and best practices
  • The complex web of agreements needed to develop content for, and to move content to, new platforms
  • The new COPPA rules and how to implement them
  • Advertising and promotions in new media

This event will also be webcast on September 18, 2013 at 9:00am

SPEAKERS
James Gatto, Partner, Social Media, Entertainment & Technology, Pillsbury
Cydney Tune, Leader, Copyrights practice section and Media & Entertainment, Pillsbury

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 A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

 

 

Surprise: Facebook Is The Tech Company That Reports The Blowout Quarter
The social network surprised on the massive upside. Its mobile business is maturing at an even quicker clip than some aggressive estimates.

 

SEC Says Texas Man Operated Bitcoin Ponzi Scheme
Regulators have cracked down on an alleged Ponzi scheme involving the virtual currency bitcoin as they issue a more general warning about the dangers of such scams for investors. 

 

Upcoming Event: How to Comply With Social Media Regulations While Building Deeper Customer Relationships
In this webcast, IBM and Integritie will explore the opportunities that social media channels now give all organisations to build deeper relationships with their customers and how their solution SMC4 meets the strict compliance regulations set by the FCA, FINRA, SEC and NASD. Using social media is something that worries many organizations across all industries, but particularly concerns Financial Services and highlights the communication risks that could potentially occur thus leading to brand and reputation damage, or worse.

 

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In June, Pillsbury welcomed Riaz Karamali to the Corporate & Securities – Technology practice in the firm’s Silicon Valley and San Francisco offices. He has vast experience with start-ups and in the the videogame space is a strong fit with Pillsbury’s capabilities in the San Francisco Bay Area. Mr. Karamali has acted as outside general counsel to many privately-held companies across a range of industries including the video game, cloud computing, mobile, biotechnology, semiconductor and medical device sectors. He frequently represents clients in Europe, Asia, and the Middle East on cross-border transactions.

Riaz is a great addition to the firm’s Social Media & Games team. Pillsbury’s multidisciplinary Social Media & Games team includes over 70 attorneys around the world working at the forefront of emerging business and legal issues relating to Virtual Goods & Currency, Gamification, Gamblification, Mobile Apps and Location Based Services, Augmented Reality, Online & Video Games, Social TV and much more.

The team’s unique capability to provide comprehensive, proactive advice on these cutting-edge issues results, in part, from our attorneys’ commitment to be involved and stay abreast of rapidly evolving business, legal and technical trends. Through this investment, our team obtains valuable knowledge and insights that enable us to provide significant strategic advice and resources to clients, well beyond just “doing legal work.”

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Jim Gatto, and James Chang recently published “Mobile Privacy Practices: Recent California developments indicate what’s to come” in the June issue of Computer Law Review International.

The use of mobile applications has seen huge growth in the past few years. As the use of apps become increasingly commonplace, social concerns such as the privacy of app users will increasingly need addressing. California is taking the lead in regulating this important issue. For more information, including an overview of mobile privacy, a summary of California’s stance on how to address the issue, an overview of the state’s principles regarding privacy, its best tips for complying with its principles, and an examination of the privacy related laws outside of California, please read the full article: Mobile Privacy Practices: Recent California developments indicate what’s to come.

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As recently reported, FINCEN issued significant guidance on legal issues with virtual currency. Shortly thereafter, an enforcement action was initiated against Mt. Gox, one of the largest bitcoin exchanges for operating without the proper licenses.

The use of virtual currency is prevalent and an important part of many social media and games business models. But it is imperative to understand the legal ramifications of its use. For an overview of the FINCEN guidance our team has prepared an Article regarding these issues.

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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 the unwary” and the need for vigilant clearance. Companies regularly make use of catch phrases and other short phrases, terms, and images in connection with advertising their primary brands. Often such phrases are merely intended to catch the attention of consumers, and are not intended to function as company trademarks or slogans. The Oprah case is a good reminder, however, that even seemingly tertiary and incidental phrases should be evaluated and properly cleared.

Topics to be discussed include:

  • A detailed analysis of the district court and 2nd Circuit court decisions in Kelly-Brown v. Oprah
  • The legal fine line between a mere “catchphrase” and a trademark use
  • Practical implications for clearance

SPEAKERS
Laura Gustafson, Pillsbury counsel

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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 TOU/Privacy Policies.” Jim Gatto will be speaking on the topic of “Gamblification! Interaction Between Social Games and Online Gambling.”

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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” – is specifically designed and frequently used to facilitate money laundering in cyber space.

Additionally, FINCEN published a regulatory finding explaining the basis of the actions anda notice of proposed rulemaking that, if adopted as a final rule, would prohibit covered U.S. financial institutions from opening or maintaining correspondent or payable-through accounts for foreign banks that are being used to process transactions involving Liberty Reserve.

The regulatory enforcements around virtual currency appear to be increasing. If you have not recently reviewed your regulatory compliance with your counsel, now is a good time to do so.