Addressing legal issues with the latest technological developments and social media trends.
Posted

by

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 a $1.5 million fund to compensate affected brokerage customers due to allegedly material misstatements it made to FINRA during the investigation that revealed the  email failures.

FINRA alleged that “as LPL rapidly grew its business, the firm failed to devote sufficient resources to update its email systems, which became increasingly complex and unwieldy for LPL to manage and monitor effectively. The firm was well aware of its email systems failures and the overwhelming complexity of its systems.”

As a result, LPL failed to produce all requested email to certain federal and state regulators, and FINRA, and also likely failed to produce all emails to certain private litigants and customers in arbitration proceedings, as required.

According to Brad Bennett, EVP and Chief of Enforcement: “As LPL grew, it did not expand its compliance and technology infrastructure; and as a result, LPL failed in its responsibility to provide complete responses to regulatory and other requests for emails. This case sends a strong message to firms to make sure your business does not outgrow your compliance systems.”

The number of regulatory enforcements continue to increase. It is important for all companies, and particularly those in regulated industries to do periodic compliance audits. If you have questions on social media or IT legal audits please contact us.

Posted

by

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 to be a rapidly expanding market.

For more information, check out Ultimate Poker’s legal online betting foray could be a game changer in the U.S.

Posted

by

bitcoing.jpgFederal authorities executed a seizure warrant against a bank account associated with one of the leading bitcoin exchanges. The warrant was not based on bitcoins themselves being illegal. Rather, the entity was not registered as a money transmitter. The failure to so register was alleged to be a violation of 18 U.S.C. 1960. The entity, Mutum Sigillum LCC, is a subsidiary of Japan-based Mt. Gox, the world’s biggest Bitcoin exchange.

As we previously reported, FINCEN issued guidance in March of this year, articulating its views on the applicability of the existing regulations to virtual currency and decentralized virtual currency (such as bit coin). If you are acting as a money transmitter and are not licensed, or if you are not sure if you are a money transmitter, you should consult with counsel promptly. It is likely that more enforcements may be forthcoming. Don’t be next!

 

Posted

by

MP900449113.JPG A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media.

 

 

 

What’s the Matter With Zynga?
This was supposed to be a story about a guy building a highly anticipated mobile game. Instead, it’s a story about a multi-billion-dollar Internet company that is almost certainly headed for disaster.

Video game maker drops gun makers, not their guns
In the midst of the bitter national debate on gun violence, gun manufacturers and videogame makers are delicately navigating one of the more peculiar relationships in American business.

Atari Asks For More Time To Assemble Asset Sale
Atari Inc. sought an extra 90 days to put together a Chapter 11 plan without the threat of rival plans being submitted, saying it needs more time to put together a sale of its well-known brands and intellectual property.

Nintendo Scores Fed. Circ. Win In Wii Controller IP Row
The Federal Circuit Monday that Nintendo Co. Ltd.’s imported Wii video system did not infringe Motiva LLC’s wireless controller patents, saying Motiva’s failure to commercialize its patented technology had nothing to do with Nintendo’s subsequent presence in the market.

High Court Seeks SG’s Opinion in ‘Rock Band’ IP Row
The U.S. Supreme Court asked the Obama administration to weigh in on whether the Federal Circuit applied too inflexible a standard when it reversed a finding of inequitable conduct against a patent holder suing Electronics Arts Inc. and others over the “Rock Band” video game.

Homeland Security cuts off Dwolla bitcoin transfers
Immigration and Customs Enforcement confirms an “ongoing investigation” that led to Dwolla cutting off bitcoin transfers to Mt. Gox.

 

Posted

by

A new Manhattan bar has become one of the few brick and mortar operations to accept Bitcoins as a method of payment.

What are Bitcoins? They are essentially a form of digital cash or virtual currency. They are unique in that there is no central issuing or regulatory authority (such as a corporation or government), rather they are issued through the use of downloadable software which in effect searches for Bitcoins over the Internet. A successful search, which takes varying and increasing amounts of computer processing power, results in the issuance of a block of Bitcoins. The more people searching, the more difficult it is, but also the more valuable the Bitcoins are worth. One of the key features of Bitcoins is anonymity. Just like with a cash payment, there are no records as to the individual engaging in the transaction, as the transactions can occur through anonymous Bitcoin addresses. Bitcoins, however, are regulated, at least on the administrator side in the US, by the Department of the Treasury’s Financial Crimes Enforcement Network (FINCEN). For more on their virtual currency regulations see FINCEN Issues Virtual Currency Regulations.

The bar accepts Bitcoin payments through a virtual wallet app, which is similar to most app-based payment systems. The app converts bar tabs from US dollars into Bitcoins, which are then transferred to the bar’s bank. Notably, some of the press for the bar may be due to the owner’s close friendship with the chairman of Bitcoin.

Posted

by

 

In a 33-1 vote, on May 13, the state Senate approved Senator Mark Leno’s bill that would require state law enforcement officials to obtain a search warrant before asking service providers to disclose the contents of their customers’ emails. This approval came after Senator Leno agreed to allow for an exemption to the warrant requirement if evidence is at risk of being destroyed or if the individual consents to law enforcement reading his or her emails. Senator Leno, at the hearing, argued that “What this bill will do is one consistent, clear, clean, reasonable policy, which says before any of our emails can be accessed by law enforcement, a warrant will be needed.” S.B. 467 will now head to the California Assembly for review.

 

Posted

by

Pillsbury attorney, Sean F. Kane will be a featured panelist at the upcoming Video Game Bar Association’s inaugural Game Business & Legal Affairs conference. The conference will provide an in-depth analysis of the prevalent and pertinent legal and business issues within the video game industry. Founded in 2011 as an international membership organization, its mission is to provide a forum to promote the interaction of licensed attorneys whose primary practice is within the video games/interactive media industry, for lawyers are in-house counsel at game companies, and lawyers in private practice who represent game-industry clients. Mr. Kane will be serving as a panelist during the “Adventures in Finance” session which will take place on Tuesday, May 21st at 9:00am PT.

Presented By:
VGBA.gif

Posted

by

AWE_13_Bnr_300x250-01-14.pngPlease join us at the Augmented World Expo 2013 (Santa Clara, June 4 – 5) for 2 days of workshops, sessions, and networking dedicated to understanding how to drive behavior in consumers, employees and stakeholders. Now in its 4th year, Augmented World Expo (formerly ARE) is assembling the biggest names — from the hottest startups and leading AR providers to the Fortune 500 — to showcase the world’s best augmented experiences that solve real world problems in all aspects of life, from entertainment and brand engagement to enterprise, industrial and commerce applications. It is expected to draw a record number of attendees from all over the world and offer a fantastic opportunity to network, learn, inspire and experience Augmented Humans in an Augmented World.

  • Network – Connect with 1000 like-minded AR enthusiasts
  • Learn – 35 hours of educational sessions by 1000+ industry leaders
  • Experience AR – The largest expo of “Augmented Humans in an Augmented World”
  • Get Inspired – Past sessions were rated 92% positive (on average)
  • Find a product or partner – In 2012 70% of attendees reported finding a product or partner
  • It will exceed your expectations – 93% of 2012 attendees said they will likely return.

REGISTER NOW (If you register before May 7th, use our discount code AWE2013 for registration) !

Posted

by

The Bank of China Hong Kong announced recently that it plans to launch its first credit card that is compatible with Near Field Communication (“NFC) technology this year. NFC is a set of standards for smartphones and similar devices to communicate with each other by either by touching or bringing them into close proximity. One of the products that will be offered will serve as an electronic wallet for clients containing all their credit cards issued by the bank and will enable them to turn their iPhones into payment devices.

Posted

by

Yesterday a NY court again dismissed Viacom’s $1 billion suit against Google/YouTube for copyright infringement. The court found that the DMCA shielded YouTube from liability after an appellate court (see prior blog post) vacated the prior dismissal.

This decision reaffirms the fact that, subject to certain exceptions, the burden of policing copyright infringement falls squarely on the copyright owners, not online service providers who host content uploaded by users. One of the potential exceptions at issue here is if the online service provider has actual knowledge of specific infringing content. The court found that even if YouTube knew generally that there was a lot of infringing content, the exception did not apply because there was no evidence that they knew of specific clips that were infringing.

This decision again confirms the power of the DMCA for online service providers who host user uploaded content. But the DMCA protections do not automatically apply. You must take proactive steps to benefit from the protection. If you have any questions about the DMCA please contact us.

Here is a copy of the decision.