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IP & Technology Insights

8 articles

Where a business's brand, content, and data create legal exposure: trademark and trade dress, privacy and tracking technology, the use of personal information in commerce, and the artificial intelligence questions now reaching hiring, discipline, and litigation itself.

Practice area: Copyright and Trademark →

Right of Publicity & Class Actions

Can a Business Use Your Name or Photo to Sell a Subscription? A New Ninth Circuit Decision on California Publicity Rights

The Ninth Circuit affirmed class certification, not liability. But how public information is used to generate revenue can matter as much as whether it was lawfully obtained.

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Technology & Consumer Protection

Can Your Website Terms Prevent Customers From Criticizing Your Business? California’s New Scott v. Ulta Beauty Decision

Courts read contractual language in context. A trademark provision containing the word “disparage” is not automatically a ban on negative reviews.

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Technology & Privacy Litigation

California Passes SB 690: What Could Change for CIPA Website Claims?

The bill would remove the private right of action for section 638.51 website claims, but it does not eliminate CIPA.

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Technology & Privacy Litigation

Received a Website Privacy Demand Letter in California? What Businesses Should Know About CIPA, ECPA, Cookies and Tracking Pixels

A demand letter is not a finding of liability. What matters is which statute is asserted, what was transmitted, when, and to whom.

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Technology & Privacy Litigation

California’s Delete Act Is Now in Effect: What Data Brokers Need to Know About DROP

From August 1, 2026, registered data brokers must process consumer deletion requests through a single state platform.

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Technology & Privacy Litigation

Can Cookies and Tracking Pixels Violate California or Federal Privacy Law?

The question is rarely whether a site uses cookies. It is what the technology collects, when, and who receives it.

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Technology & Consumer Protection

The Meta Youth-Safety Trial: What California Online Businesses Should Know

The trial places product design, data practices, public safety claims, and internal risk analysis in the same courtroom. The lessons apply well beyond Meta.

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Trademark & Trade Dress

When a Registered Product Design May Still Be Functional, and Unprotectable as a Trademark

A practical guide for businesses that receive a trademark cease-and-desist letter based on a product configuration or design feature.

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