What New York’s New Data Breach Notification Law Means for Interactive Media Companies

By / November 20, 2019

Last July, consumer-rights advocates rejoiced when the New York State Assembly passed the Stop Hacks and Improve Electronic Data Security Act (the SHIELD Act). Following a nationwide trend to strengthen online consumer protections, the SHIELD Act made three major changes to the state’s data breach notification law. These changes directly impact businesses that collect personal …

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New updates with FTC disclosures

By / November 12, 2019

The FTC recently came out with a new guidance piece directed specifically at social media influencers. The brochure, “Disclosures 101 for Social Media Influencers,” is housed on a new “influencers” page on the FTC site that also features three videos highlighting information from the brochure.   Section 5 of the Federal Trade Commission Act prohibits, among …

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What to Consider When Protecting Trade Secrets

By / November 6, 2019

The video game industry thrives on secrets. Game reveals, licensing deals, budgets and more are closely guarded aspects of the business that are part of a company’s larger operational strategy. Games, especially large blockbusters, are also made by teams of people. The more people that know a secret, the harder it is to keep. That’s …

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The Pros (and Cons) of Keeping Terms of Service Language Broad

By / October 29, 2019

If a company operates a service, it’s a good idea to establish rules for how users will interact with it. Having a Terms of Service (TOS), a document that every user sees and must agree to when registering for an account (free or paid), is an effective way to protect a company and service. While …

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Brandon J. Huffman to Speak on Three Panels at CVGLS

By / October 22, 2019

On Friday, October 25th, the Fifth Annual Chicago Video Game Law Summit will take place and will feature Brandon J. Huffman on three of the five panel sessions. Brandon J. Huffman will present alongside Marc Whipple on: Gambling V. Expression: Regulation of Video Games as Enterprise and Art Panelists will provide an overview of the …

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Brandon J. Huffman Quoted on Rick Fox Lawsuit

By / October 15, 2019

GameDaily.biz recently covered a lawsuit by Rick Fox, the founder of the esports organization Echo Fox, as he is suing his business partners over alleged fraud and misappropriation of funds. Here is an excerpt: Basically, the plaintiff will pay an expert to look through the records and identify potentially problematic transactions–things like withdrawals of cash, …

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What is DMCA anti-circumvention?

By / October 1, 2019

The primary goal of the Digital Millennium Copyright Act (DMCA) is to protect technology, devices, and/or services that are copyrighted. Anti-circumvention refers to laws that prohibit the circumvention of technological barriers for using a digital good and/or service in a way that the rights-holder doesn’t allow. The requirement for anti-circumvention laws came about with the …

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Brandon J. Huffman Quoted on Duke Nukem’s Unpaid Royalties Lawsuit

By / October 1, 2019

GameDaily.biz recently covered a lawsuit by Bobby Prince against Gearbox Software. Prince, the composer of the soundtracks to Wolfenstein 3D and Doom, alleges Gearbox failed to pay royalties for use of his work. Here is an excerpt: The terms of that agreement and the chain from Apogee to Gearbox are going to be critical here,” …

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California’s AB5 Labor Bill Will Greatly Affect Game Companies

By / September 19, 2019

Assuming it is signed by the Governor, on January 1st, 2020, California’s AB5 Labor Bill will go into effect and will prevent many companies from treating their workers as independent contractors. What does this mean? The short version is that AB5 presents an ABC test. If A) workers perform tasks under a company’s control, B) …

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Brandon J. Huffman Quoted on Pokemon Go Class Action Lawsuit

By / September 9, 2019

Gamedaily.biz recently covered Niantic’s trespassing class action lawsuit from 2016 as Niantic has agreed to settle the suit (without accepting liability). Here is an excerpt: For Brandon Huffman, an attorney at Odin Law, the relatively low payouts to the plaintiffs means Niantic accrues little risk in choosing to settle the case. “The settlement is a …

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