Non-compete agreements restrict employees from being able to go to work for competitors after leaving an employer, willingly or unwillingly. They are a standard practice across the board in the video game industry and are intended to offer protection for game developers, but are they enforceable? The short answer? Yes, for the most part. But, …
Are non-compete agreements enforceable in the video game industry? Read More »
As the majority of American schools have closed their doors because of the COVID-19 outbreak, children stuck at home are spending more time on social media and online games than ever before. If a company markets games or other content to children, it’s important to make sure they are in compliance with the applicable federal …
We’ve been closely following the progress of the CCPA – the California’s Consumer Privacy Act. In February of this year, a new draft of CCPA regulations was released. Then another series of modifications was released in March, 2020. Below is a list of some of the major changes proposed in the latest set of modifications: …
With the California AG’s proposed edition of the CCPA regulations, many commentators are puzzled about–what appears to be–a moving target for businesses’ compliance. For the games industry, these regulations pose some unique challenges, not the least being the opt-out mandate. The CCPA creates the right for a California-consumer to demand businesses to stop selling their …
Opting-Out: A Business’s Summary of the CCPA Opt-Out Requirements Read More »
As positive-cases continue to rise, and more Americans are heeding officials’ requests for increased “social distancing” (or “physical distancing“), many businesses are transitioning work from the office to employees’ homes. As teleworking becomes a new norm in American life, here are a few recommendations in developing your business’s work-from-home policies. Establish a Clear Telework Plan & …
Five Recommendations When Developing Work-from-Home Policies Read More »
The Federal Trade Commission is considering whether to make changes to its “Guides Concerning the Use of Endorsements and Testimonials in Advertising” (aka the Endorsement Guides) and they want to hear from you. As the name suggests, the Endorsement Guides are guidelines for businesses and marketers using endorsements in advertising. Their purpose is to help …
FTC Request for Public Comments on Endorsement Guides in Advertising Read More »
Moral rights got a lot of attention recently after Blizzard requested that users sign over moral rights to created works in Warcraft III: Reforged. Here’s a bit of context on what moral rights are and why they matter in this situation. What are moral rights? Moral rights are rights that vest in the creator of …
Much to businesses’ delight, the California Attorney General’s Office released an updated draft of its CCPA regulations on February 10, 2020. In attempts to un-muddy the waters, the new version of the regulations attempts to clarify definitions and notice requirements as well as provides examples for the mandated practices. The following updates are regulations gaming …
This March, companies who are in the business of collecting data from New York residents will be responsible for ensuring that data is protected by reasonable security procedures. Last July, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (“the SHIELD Act” or “the Act”). The SHIELD act made three …
What are reasonable data security procedures under the NY SHIELD Act? Read More »
Lawyers are regularly asked to sign non-disclosure agreements (NDAs). But typically, we don’t sign them. Why is that? It’s redundant Lawyers are already bound by ethical rules and stipulations for not disclosing confidential information that a client has shared with us. This is what’s called the attorney-client relationship and it is protected by attorney-client privilege. …