Privacy & Data Security Law Blog

Privacy & Data Security Law Blog addresses recent developments in the privacy and data security arena, and includes practical implementation tips and lessons learned from the cases discussed.

In Cases Involving Publicity Rights and the Intellectual Property Exclusion, Facts, Not Labels of Causes of Action, Are Relevant to Coverage Analysis 10/08/19

We recently highlighted several rulings in favor of policyholders where an insurer had disputed its duty to defend underlying claims ranging from misappropriated trade secrets to infringed trademarks to trade dress violations on the basis of an expansive intellectual property (IP) exclusion in their liability insurance policies. 

Defendant and His Companies Ordered to Pay Over $2 Million in a Theft of Trade Secrets Case 10/02/19

On September 23, 2019, Colorado District Judge Christine M. Arguello found Thomas Kutrubes and his companies, Peak Serum, Inc. and Peak Serum, LLC, liable for federal trademark infringement, Colorado trademark infringement, misappropriation of trade secrets under the Colorado Uniform Trade Secrets Act (CUTSA), and breach of fiduciary duty, following a bench trial. Atlas Biologicals, Inc. v. Kutrubes, No. 15-cv-355-CMA-KMT, 2019 WL 4594274, at *23 (D. Colo. Sept. 23, 2019). Final judgment was entered against Mr. Kutrubes and his company for over two million dollars. 

Despite The Ninth Circuit’s Narrow Interpretation of the Federal Anti-Hacking Statute, Insurance Remains Key 09/19/19

In a highly anticipated decision filed earlier this month, the Ninth Circuit Court of Appeals affirmed the district court’s grant of a preliminary injunction in favor of hiQ, a data analytics company, prohibiting LinkedIn, a professional networking website and competitor, from denying hiQ access to publicly available LinkedIn member profiles. 

Portugal Passes GDPR Implementation Law 09/06/19

The Portuguese data protection law implementing the European Union’s General Data Protection Regulation published on August 8, 2019—more than 15 months after the GDPR became effective.

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