Technology

Data Analytics

Experience

Data Analytics Industry Experience

  • Analyze and respond to cease and desist letter regarding data mining of information from primary information aggregator.
  • Analyze and respond to cease and desist letter addressing aggregation of online reviews using automated software crawlers.
  • Risk analysis regarding data aggregation for purposes of training machine learning algorithms in connection with acquisition transaction.
  • Risk analysis regarding scraping by HR Analytics start-up in connection with venture capital investment.
  • Risk analysis of U.S. anti-hacking and copyright law ramifications for acquisition of European AI company.
  • Risk mitigation strategies for transportation analytics client experiencing hyper-growth.
  • Analyze and mitigate risk related to scraping of competitor’s website.
  • Mitigate risk related to aggregation of consumer credit information.
  • Create specialty cyber insurance product to be offered by cloud provider’s captive insurer. 
  • Draft and negotiate cyber warranty and backing insurance policy to protect cybersecurity company’s corporate customers. 
  • Create specialty technology errors & omissions liability coverage to back-up fraud guarantee protection offered by crowdfunding platform.
  • Negotiate numerous cyber and technology errors & omissions liability policies for wide variety of technology and non-technology companies ranging in size from start-ups to members of the Fortune 5.

hiQ Labs Inc. v. LinkedIn Corp.

Represented startup hiQ Labs Inc. in a precedent-setting litigation for data analytics, mining, and aggregator companies and their right to access publicly available data under the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act (CFAA), and a California state law on unauthorized computer access. The Ninth Circuit Court of Appeals affirmed hiQ’s preliminary injunction against LinkedIn.

Firm Highlights

Publication

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data about how...

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News

Prop. 24 Passes: What Companies Need To Know About the New Privacy Law

Nate Garhart spoke to the San Francisco Business Times on the steps companies can take to prepare for the California Privacy Rights Act (CPRA). He noted that if the CPRA applies to your business, then...

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Publication

Top 10 Practical Business Implications Arising From the Passage of the CPRA

California’s Proposition 24 passed as expected, and the new California Privacy Rights Act will change the privacy landscape created by the California Consumer Protection Act (CCPA), which went into effect only months ago. While...

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Publication

Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA

Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras...

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Publication

Twists in the Plot: California AG Releases Final CCPA Regulations

With a little time to consider the  finalized California Consumer Privacy Act regulations  released by the California Attorney General on August 14, 2020, it is clear that some last-minute negotiations (or perhaps just some...

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Publication

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...

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Publication

Privacy During Bankruptcy Proceedings: Why It Matters

During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to...

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Publication

Undergoing Bankruptcy Proceedings? Here’s How to Make Sure PII Maintains Its Value

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings...

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Publication

Proposition 24: California’s Ever-Evolving Privacy Landscape

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24).  This measure would expand on the...

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Publication

How Antitrust and Unfair Competition Laws Affect Platform Providers’ Relationships With ISVs, API Developers, and Scrapers

A wide variety of business and consumer platforms host mutually beneficial ecosystems. But these ecosystems are also fraught with antitrust risk that arises when platforms try to terminate or modify the terms of third-party...

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