what’s bugging blakeslee?

These days, there are a lot of things that bug our founding partner, Melise Blakeslee. Odds are, you will find her insights and opinions provocative.

Posted by Sequel on April 7, 2017
Topic: blogs
Tags: binding corporate rules, EU Commission, EU data law, model contracts, privacy shield, U.S. Department of Commerce, Věra Jourová, Wilbur Ross

Ignoring EU Data Law Is Still Not an Option

U.S companies hoping to avoid compliance with the requirements of EU law may want to think twice. It’s really time to get on with it. Despite early rhetoric from the Trump Administration, discussions between the U.S. Department of Commerce and the EU Commission last week indicate that the best course for businesses involving data about […]

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Posted by Sequel on March 23, 2016
Topic: blogs
Tags: Department of Commerce, EU data regulations, Federal Trade Commission, personally identifiable information, privacy shield, Safe Harbor

The EU-US “Privacy Shield” Is Not a Good Fit for Most U.S. Businesses

There was an almost audible sigh of relief upon the agreement of the new EU-US Privacy Shield framework. Reading the average press report one might mistakenly think that personally identifiable information can now flow between the EU and the US without further ado. The tap does not just turn on automatically, however.  Most US businesses […]

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Posted by Sequel on February 3, 2016
Topic: blogs
Tags: data controller, data processor, Federal Trade Commission, FTC, GDPR, General Data Protection Regulation, intra-company clauses, model clauses, privacy shield, Safe Harbor

In Spite of the “Privacy Shield” U.S. Businesses Will Still Seek Data Protection Guidance

You will probably be seeing reports that the European Union (EU) & the United States (US) agreed on a new mechanism to replace the old Safe Harbor, effectively titled the “Privacy Shield.” The details are hazy and a formal written policy has not been released, but as far as I can glean, the new mechanism […]

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Posted by Sequel on July 2, 2014
Topic: blogs, Copyrights
Tags: Copyright damages

After Raging Bull Ruling, Statute of Limitations is Meaningless in Copyright

In a bizarre ruling that effectively eliminates the very notion of a Statute of Limitations on Copyright infringement suits, the U.S. Supreme Court has ruled that “Under the [Copyright] Act, each infringing act equates to a new wrong, thus triggering a new limitations period.” That logic stretch enabled the Court to find in favor of […]

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Posted by Sequel on May 15, 2014
Topic: blogs, Copyrights
Tags: Programming APIs

Federal Circuit Rules, Erroneously, That Programming APIs are Copyright, Compares Them to Dickens

The Federal Circuit Court once again revealed its lack of understanding about the intersection of copyright and tech by overturning a lower court verdict and declaring that programming language application program interfaces (APIs) are subject to copyright. These APIs are intentionally short pieces of text such as “java.lang.ref” and “js.object.name” whose only purpose is to […]

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