Posts by blrme
Duty to Protect: How the 23andMe Data Breach is Defining the Responsibilities of Data Collectors and Storers
By: Veronica Walsh On October 6, 2023, 23andMe reported they had experienced numerous data breaches executed by hackers through credential stuffing between April and September of 2023.[1] Since the data breach, affected users have filed a class action lawsuit against 23andMe.[2] The lawsuit alleges the company recklessly maintained users’ personal information and “failed to use…
Read MoreHow Courts Are Navigating the Constitutional Debate Around FINRA’s Enforcement Authority
By: Hannah Lief Alpine Securities Corporation (“Alpine”), a broker-dealer, is challenging the delegation of authority by the Securities and Exchange Commission (“SEC”) to Financial Industry Regulatory Authority (“FINRA”) in Alpine Securities Corp. v. Financial Industry Regulatory Authority, Inc.[1] The lawsuit arises out of Alpine’s constitutional challenge to FINRA’s enforcement of securities regulations.[2] During district court…
Read MoreMonument(al) Designations and Their Vulnerabilities
By: Sarah Benjamin The Antiquities Act, which was passed in 1906, gives Presidents broad discretion to designate areas as National Monuments and thereby take them out of use for commercial industries and set them aside for the sole purpose of public recreation and enjoyment.[1] Since the Act’s passage, various Presidents have designated nearly 100 million…
Read MoreWhat the Shell? Understanding the SEC’s Latest Rule for SPACs
By: Liam Sullivan Last month, SEC Commissioners adopted new rules regarding special purpose acquisition companies (SPACs), concluding a years-long effort to increase transparency and protections around investments in SPACs and the acquisition (de-SPAC) and initial public offering (IPO) of existing companies using this investment vehicle. The SEC turned a critical eye towards SPACs during a…
Read MoreYour Privacy: Wrapped
By: Miguel E. Serrano How does the sudden prevalence of “Wrapped” compilations fit into U.S. privacy law? On January 17, 2024, the D.C. Metro (Washington Metropolitan Area Transit Authority or “WMATA”) followed companies like Spotify, Duolingo, and the Washington Post in posting a 2023 “year-end review.”[1] When Spotify launched its Wrapped feature in 2015, the…
Read MoreHow Brita’s Alleged Patent Ambush Can Wash Away Competition in the Water Filter Field
By: Gustav Gulmert According to the Environmental Working Group, over fifty percent of Americans consider their tap water as unsafe.[1]Instead, people turn to water pitcher filters for their drinking water at home, the gym, and work.[2] Zero Technologies, LLC (“Zero”) and Brita sell high-performance gravity-fed water pitcher filters approved by the NSF Foundation, a standards-setting…
Read MorePut Down Your Phone: How Official Communications on Private Networks are Posing Compliance Problems
By: Griffin Wray With the ever-increasing use of personal phones, social media, and email, particularly since the COVID-19 pandemic, financial firms are repeatedly and inadvertently violating regulatory recordkeeping requirements. Because employees are discussing official business on private channels, the SEC, CFTC, FINRA, and other regulators have issued numerous fines and warnings regarding the use of…
Read MoreWhen to Start the Clock: Battle of the Statute of Limitations in the Copyright Act
By: Sarah Benjamin The Copyright Act establishes a three year statute of limitations.[1] However, courts are split on how to decipher when exactly the timeframe for a claimant to bring a claim stops.[2] The discovery rule, which many courts apply, begins the tolling of the clock at the time the plaintiff knew or should have…
Read MoreBeyond Shoes: Exploring Nike’s Flyknit Patents and Their Market Implications
By: Megan Brosnan After decades of dedicated research, Nike introduced its groundbreaking Flyknit technology in 2012, marking a transformative moment in the evolution of contemporary running shoe design.[1] The impact of this innovation is evident in the extensive portfolio of over three hundred patents that Nike now holds for its Flyknit technology.[2] By leveraging “strong…
Read MoreUniversal Music Suit: The Future of Generative AI Software in the Music Industry
By: Vincent Alfieri Universal Music Group has recently filed a lawsuit against Anthropic PBC, an Amazon backed startup, alleging that the company’s Artificial Intelligence (“AI”) chatbot infringes on the lyrics from multiple copyrighted songs.[1] Universal’s complaint contains numerous side-by-side comparisons of the chatbot’s generated lyrics and the lyrics from copyrighted works.[2] When directed by a…
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