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Publications

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

June 7, 2022 Webinar
Stephanie Skaff and Erik Olson

Stephanie Skaff and Erik Olson discuss "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments."

Web scraping has existed as long as the World Wide Web has, and as data has become the coin of the realm, data creators and aggregators have had more reason to fight with scrapers over what data is fair game and what isn’t, and so the laws pertaining to scraping have continued to evolve. Join us as we discuss the current state of the law including:

  • The impact of the U.S. Supreme Court’s decision in Van Buren v. United States and the U.S. Court of Appeals for the Ninth Circuit’s decision in hiQ Labs v. LinkedIn on claims against scraping under the Computer Fraud and Abuse Act (CFAA)
  • Other types of claims that are asserted in data scraping lawsuits
  • Tips for platform companies looking to limit scraping and scraping companies looking to limit risk

Firm Highlights

Publication

Section 230 Immunity Won’t Protect You: State and Federal Lawmakers Take Aim at Social Media Companies With Proposed Legislation Creating Affirmative Duties to Act to Prevent Harm to Users

Three new bills, one introduced in the California Assembly and two in the US Senate, are taking aim at online social media platforms. If adopted, these bills would significantly alter existing duties to prevent...

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Importance of Monetizing Intellectual Property Assets of a Portfolio Company

In this Upside episode, we explore developing and monetizing intellectual property assets of a portfolio company. How does a new company go about developing a patent portfolio? And why spend the time and effort...

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Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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News

Chambers USA 2022 Recognizes Farella Braun + Martel Lawyers, Practices

Farella Braun + Martel is pleased to announce that Chambers USA has recognized 14 lawyers and 6 practice areas in the legal directory’s 2022 edition. Individual California and Western U.S. Rankings: Sarah Bell &ndash...

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7 Tips to Help Financial Advisor Firms Protect Their Customer Lists

Customer relationships are a key asset for companies in the financial advising and wealth management industry. In California, however, the law is making it increasingly difficult to stop departing employees from soliciting customers after...

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Publication

SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways

Eugene Mar and Erik Olson discuss "SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways." After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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Publication

Platform Ecosystems – The Landscape of US and EU Legislation (Webinar)

Stephanie Skaff and Nate Garhart discuss "Platform Ecosystems – The Landscape of US and EU Legislation." Several new bills targeting online platform companies are making their way through state and federal legislative bodies in the...

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News

As Feds Step Up White-Collar Enforcement, Companies Face Heightened Risks

Aviva Gilbert, Farella partner and co-chair of the firm's White Collar Criminal Defense and Internal Corporate Investigations Group, was quoted in the Corporate Counsel article "As Feds Step Up White-Collar Enforcement, Companies Face Heightened...

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