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 »
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 …
What New York’s New Data Breach Notification Law Means for Interactive Media Companies Read More »
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 …
Microtransactions can be a great source of revenue for developers producing games for children. It’s not often that a child is packing a wallet full of cash to spend on games upfront, so creating free-to-play games with microtransactions as the main source of revenue is one path a game maker can take to recoup the …
The Dangers of Targeting Microtransactions to Minors Read More »
With the rise of streamers on Twitch and mega celebrities endorsing games, many video game companies are considering hiring influencers. An influencer, defined as a person who has a significant following related to a certain topic, can be a great source of publicity and exposure for a video game. For example, Apex Legends received a …
How do I keep my influencer (and my company) out of trouble with the FTC? Read More »
As discussed in my previous blog post, one of a company’s most valuable (but often overlooked) assets are its social media assets. Yet social media assets rarely receive more than a cursory treatment during a merger or acquisition. Giving social media assets merely superficial review can end up costing the buyer in third-party liabilities. If …
More risks related to social media assets during a merger or acquisition Read More »
In parts 1-4 of this First Amendment series, I gave an introduction, provided the basics of the First Amendment and talked about what First Amendment protection means along with what speech is protected. In this post, I will give a bit of context for how those standards are applied to video games, specifically. Brown v. EMA Until …
The First Amendment and Video Games – Part 5: Brown v. EMA Read More »
When a company is preparing for a merger or an acquisition, it is expected to prepare a list of all its assets. The buying company will then review this list of specific assets and include a series of representations and warranties in the purchase agreement that are designed to decrease the buyer’s liabilities while ensuring …
Risks related to social media assets during a merger or acquisition Read More »
The Biometric Information Privacy Act (BIPA) was first introduced by Illinois in 2008. Versions of it followed in Texas in 2009 and then Washington in 2017. But what is it and why does it matter? What is BIPA? Broadly, BIPA requires the informed consent of the collection of biometric data prior to collection, prohibits companies …
The internet is sometimes perceived as a largely unregulated place because of the sheer volume of content that can be uploaded and shared, as well as the seemingly anonymous nature of what can happen online. Providing stability in this swirling chaos are Internet Service Providers (ISPs), that act as a hub for activity and content …