This blog contains our personal opinions on legal topics that interest us.

April 23, 2020

As I discussed in earlier posts, the GDPR and various guidance documents from regulators state that the default for website cookies should not be "on".  

I was in Austria when I visited the website.  Cnet is owned by CBS.  CBS isn't a small business and sh...

April 20, 2020

In early January 2020, the New York Metropolitan Transportation Authority (MTA) sent a copyright take-down notice to Etsy concerning an artist's map of the NYC subway system (see link).  The MTA claimed that the artist's map infringed the MTA's copyright to its Weekend...

April 15, 2020

Who would have thought that you should read the terms of service for Instagram?  Apparently not Stephanie Sinclair (see Sinclair v. Ziff Davis, LLC et al, Case 18-cv-790, S.D.N.Y., Dkt 31, copy hosted on

Ms. Sinclair posted a photograph to her Instagram accoun...

April 13, 2020

In an earlier blog post, I discussed fingerprinting as technique used to track internet browers.  Fingerprinting is a technique used to identify individual internet browsers (and therefore individuals using browsers) by learning a lot about your browser, such as your o...

April 9, 2020

It appears that Microsoft is open to licensing its branding to snowboard manufacturers.  I found this snowboard in Austria.

April 6, 2020

Switzerland currently has an adequacy decision with the EU concerning data protection (see link). The EU investigated Switzerland's data protection law and determined that Switzerland's privacy standards were sufficiently similar to Europe’s strict safeguards.  Because...

April 2, 2020

​If your business uses influencers to promote its products, hoping that your influencers will comply with the FTC endorsement guidelines (see FTC link) is no longer an option.

At the beginning of March 2020, the FTC settled for $1 million with Teami, a detox tea compan...

April 1, 2020

This isn't an April Fool's Day joke. 

On March 23rd, the US Supreme Court ruled that states have carte blanche to infringe US copyrights (Allen v. Cooper, Case No. 18-877, (US Supreme Court March 23, 2020), opinion is hosted on 

In reaching this decision, the C...

March 27, 2020

On Sunday, March 29th at 2am, Europe will start daylight saving time.  With this change, the standard difference of time between New York, NY (ET) and Central European Time (CET) will return to six (6) hours.

March 23, 2020

Generally, an employer cannot require US employees coming to work to take a temperature test. This is because temperature checks would be considered an overly broad medical examination in violation of the Americans with Disabilities Act (ADA). 

In 2009 at the time of th...

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