Imagine That IP Law Blog

One year ago, on July 16, 2020, the Court of Justice of the European Union (CJEU) issued a landmark decision in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Schrems II). At issue were data transfers between the EU and the U.S.

In a decisive blow to normal operating procedures for thousands of U.S. businesses, the Schrems II court upended two mechanisms that most companies relied on to transfer data – the EU-U.S. Privacy Shield and standard contractual clauses (SCCs). The Privacy Shield was determined inadequate for data privacy protection and ... Read More ›

One month ago, the idea of a meat processing plant as the subject of a cyberattack seems almost inconceivable to the average person. Yet, in early June, JBS, the world’s largest meat supplier, wrestled to resolve a massive breach that shut down parts of its supply chain in the U.S. and Australia. Three weeks before, a similar attack had disrupted the Colonial Pipeline’s computer infrastructure, causing soaring gasoline prices and temporary shortages in the southeastern U.S.

These attacks highlight a vulnerability facing all organizations in today’s rapidly changing ... Read More ›

Data Privacy Day occurs annually on January 28. Launched in the U.S. and Canada in 2008 by the National Cybersecurity Alliance, the Data Privacy Day campaign raises awareness about internet safety and data privacy concerns.

A survey conducted in 2018 by the Pew Research Center found 79% of Americans are “not too or not at all” confident that a company will admit to having made a mistake or accept responsibility for the implications of compromised personal data. (See “Americans and Privacy: Concerned, Confused and Feeling Lack of Control Over Their Personal Information”Read More ›

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued a highly anticipated ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Schrems II). The case centers on the validity of two key data transfer mechanisms: Standard Contractual Clauses (SCCs) and the EU-U.S. Privacy Shield (Privacy Shield) – both of which are methods widely used by U.S. businesses to comply with the EU’s laws regarding the transfer of personal data to countries outside the EU. In considering the effectiveness of data protection in cross-border data ... Read More ›

Benjamin Franklin is credited with coining the axiom that "an ounce of prevention is worth a pound of cure." Allegedly, Franklin actually made the statement in connection with fire safety, which was an avocation for him. Today, the axiom applies perfectly to corporate efforts to manage intellectual property (IP) issues. Many companies rely on old proprietary rights forms or use generic forms collected by the human resource department (HR) with little thought given to downstream consequences.

This article advocates for having in-house or retained counsel make periodic reviews of ... Read More ›

Throughout time industries have developed techniques and processes that are believed to be essential elements that contributed to the company's success.  For almost as long, companies have sought and devised ways to protect those techniques and processes that constituted the company's intellectual property. Many companies turned to federal patent protection, others chose to treat the information as trade secrets, and others chose to use contractual obligations to protect their intellectual property. These various forms of protection were especially meaningful in what ... Read More ›

The following article was first published in the Late Fall 2016/Early Winter 2017 issue of Central Bucks Chamber of Commerce’s W4 Magazine.

In today’s business environment, companies inadvertently or purposefully imitate their competitors. Today’s employees, with knowledge of a company’s confidential information, may become tomorrow’s competitor. How can a business safeguard its valuable assets?

Understanding the basics of intellectual property (IP) rights and seeking protection for such assets can save money and be critical for business growth and ... Read More ›