ArticleSocial Media Photos, Once Again, Are Not Fair GameFor those who missed the message five years ago that social media photos aren't free to use, a new decisionUnited StatesMedia, Telecoms, IT, EntertainmentThompson Coburn LLP
ArticleVote Farmers Plow Under Taylor Swift ContestsEarly in her career, Taylor Swift was a spokesperson for one of our clients. I drafted the official rules for several contests that were used for her concerts and appearances at the client’s sponsored events. United StatesMedia, Telecoms, IT, EntertainmentThompson Coburn LLP
ArticleWhat You Need To Know About The Approximate Retail Value ‘ARV' In Sweepstakes And ContestsVirtually all official rules for sweepstakes or contests in the United States include the Approximate Retail Value (ARV) of each prize. United StatesMedia, Telecoms, IT, EntertainmentThompson Coburn LLP
ArticleBIPA Update: Illinois Senate's BIPA Amendment Passes The HouseSenate Bill 2979 ("SB2979"), the recently proposed amendment to the Illinois Biometric Information Privacy Act's ("BIPA") liquidated damages provision...United StatesPrivacyThompson Coburn LLP
ArticleCalifornia Says You Can Track Online, But You Can't Hide Your TrackingCalifornia law will soon require website and mobile app operators to disclose additional information in their privacy policies.United StatesPrivacyThompson Coburn LLP
ArticleClass-Action Case Against Ring May Test CCPA's Private Right Of ActionOn February 18, 2020, a putative class of consumers who purchased Ring's video-surveillance cameras filed a class-action complaint United StatesPrivacyThompson Coburn LLP
ArticleFTC Says App Developers Must Shine More Light On How They Use DataWhen your own flashlight is spying on you, something is wrong. United StatesPrivacyThompson Coburn LLP
ArticleIllinois Appeals Court Holds That BIPA Section 15(a) Requires Retention-and-destruction Policies Upon Possession Of Any Biometric DataOn Wednesday, November 30th, an Illinois state appeals court held that the Illinois Biometric Information Privacy Act (BIPA) requires private entities to develop retention-and-destruction schedules...United StatesPrivacyThompson Coburn LLP
ArticleIs Breach Mitigation The Next Wave Of Cybersecurity Regulation?More and more, regulators are focusing their rulemaking power not just on how a company responds (or doesn't respond) to a data breach, but the steps it took far in advance to prevent or mitigate such a breach. United StatesPrivacyThompson Coburn LLP
ArticleSeventh Circuit Rules That Federal Court Has Jurisdiction Over Claims Brought Under BIPAOn May 5, 2020, the Seventh Circuit held that a plaintiff who brought claims under the Illinois Biometric Information Privacy Act ("BIPA") had suffered an injury-in-fact sufficient to confer Article III standing...United StatesPrivacyThompson Coburn LLP
ArticleSorry, Tweens: No Sweepstakes Or Contests Until You’re 13Now that one-year-olds have mastered iPads, it’s clear that children will be interacting with the Internet more and more — and at a younger age. United StatesPrivacyThompson Coburn LLP
ArticleBuilding Seawall Erodes Homeowners' Rights To Challenge ConditionsThe California Supreme Court recently held that you can't have your cake and eat it, too. United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleCrowdfunding For Real Estate - Buyer BewareIt's easy to understand the desire to find investment assets that will provide a higher yield in today's low-rate environment and the desire to raise capital to fund real estate projects. United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleHold Who Harmless? Be Careful In Drafting Indemnity ProvisionsIn another example that there is no "boilerplate" in commercial real estate documents, the California Court of Appeal recently held that an indemnity provision not only covered claims by third parties, but it also covered direct claims by the parties to the contract.United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleHow Much Is Too Much? NY AG Stops Simon Property From Enforcing Its 60-Mile Radius RestrictionIn shopping center leases, the landlord may agree to protect current tenants with exclusive use provisions, blocking future tenants from competing with the already existing businesses ...United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleLOIs Are Nothing To LOL About: A Primer On Letters Of IntentLetters of Intent can be minefields. On the one hand, business people want to use them to tie up a deal. On the other, they don't want to be bound by them if they want to walk away.United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleMissouri Appellate Court Opens The Door To Spearin Claims By Contractors Against Public EntitiesA Missouri appellate court has for the first time recognized that a construction contractor may pursue a breach of contract claim against a public entity owner based on the "Spearin doctrine,"...United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleSale/Leaseback Transactions Moving Full Steam AheadThe pace of sale/leaseback transactions has accelerated in 2014, as both publicly traded and privately held companies analyze the benefits and drawbacks to a sale/leaseback transaction.United StatesReal Estate and ConstructionThompson Coburn LLP
ArticleUnpacking The New Qualified Business Income Deduction For Real Estate RentalsThe 2017 tax reform introduced a deduction generally equal to 20% of qualified business income (QBI) or the taxpayer's taxable income, subject to certain limitations.United StatesReal Estate and ConstructionThompson Coburn LLP