Articles From David Adler

How Do You Verify the Identity of a Data Requestor? By David Adler Commercial Banking, Collections, and Bankruptcy, March 2020 Under the California Consumer Privacy Act, companies must allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted. By keeping data minimization objectives in mind and not over-thinking compliance obligations, verifying the identity of a data requestor may be straight-forward.
How Do You Verify the Identity of a Data Requestor? By David Adler Privacy and Information Security Law, September 2019 Under the California Consumer Privacy Act, companies must allow Californians to access the information held about them, or, in some situations, request that the information that they provided to a company be deleted. By keeping data minimization objectives in mind and not over-thinking compliance obligations, verifying the identity of a data requestor may be straight-forward.
Interior design is a competitive business By David Adler Intellectual Property, August 2015 The case of Hunn v. Dan Wilson Homes, Inc., offers several lessons for interior designers.
Media creation & consumption is challenging traditional legal notions By David Adler Intellectual Property, May 2015 Fair use continue hard to predict. Fox News Network infringes the now iconic photograph of firefighters raising the American flag on the ruins of the World Trade Center, 9/11/2001. Fox denied copyright infringement against TVEyes, which provides subscribers a searchable database based on indexed and organized data from its 24/7 recording of many tv and radio broadcasts. The additional features TVEyes provides were sufficiently transformative to find fair use.
Preclusion and the TTAB—Why B&B Hardware matters to trademark owners: Can a TTAB decision determine a court judgment on trademark use and infringement damages? By David Adler Intellectual Property, May 2015 So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. B&B Hardware, Inc v Hargis Industries, Inc, 575 US ___ (24 Mar 2015).

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