On Tuesday, April 23, 2024, the Federal Trade Commission (FTC), issued a final rule designed to promote competition and new business formation that, when effective, will impose a nationwide ban on non-compete agreements across all industries.

Existing non-compete agreements for employees will become unenforceable. Existing non-competes for senior executives can remain in force, but employers

Nancy Del Pizzo was quoted in the May 22 article of the Law.com article, “ChatGPT Faces Defamation Claims. Will Section 230 Protect AI Chatbots?” The article discusses whether AI chatbots will be protected under Section 230.

“For example, Nancy Del Pizzo, co-chair of Rivkin Radler’s Intellectual Property Practice Group noted that, “even if a website

The New York Intellectual Property Association’s Copyright Committee published a podcast by members Nancy Del Pizzo of Rivkin Radler and Mendel Epstein of Wilson Elser. The podcast is a discussion about non fungible tokens (“NFTs”) and potential copyright issues associated with NFTs.

Nancy and Mendel discuss an array of digital assets such as art, music

On November 18, 2022, the New Jersey Law Journal published Nancy Del Pizzo and Deborah Isaacson’s article, “An Update on Recent and Emerging Privacy Laws: When the Client’s Reach is Nationwide.”

The article explores various laws that are becoming effective in 2023 and the nuances in those laws. For practitioners advising clients who sell goods

Courts are split on whether it is copyright infringement to link to or “embed” a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an

What Happened:

Henry Hobson is a widowed blowhard who fancies himself superior to everyone because he owns a shoe business.  Hobson’s daughter Maggie actually runs the business, but Hobson does not pay her.

Hobson is downright nasty to most of the people in his life.  He demeans Maggie and tells her she is too old

Nancy Del Pizzo’s articles, “Judges take notice of gender neutrality in legal writing” and “The Thoughtful Lawyer is a Better Writer,” were published in the Writer’s Corner of the New Jersey Lawyer magazine in February and August 2020, respectively.

Click here to read the February article.

Click here to read the August article.

Maybe you feel that the title to this bulletin is “immoral” or “scandalous,” or maybe you don’t.  Either way, in light of the U.S. Supreme Court’s recent decision in Iancu v. Brunetti, whether a word or term is “immoral” or “scandalous” is no longer relevant to whether that word or term can receive federal trademark

Courts at the opposite sides of the country (and some in between) have long differed on how easy it is for a party to file a lawsuit alleging copyright infringement. A March 4, 2019, decision by the United States Supreme Court has standardized the process throughout the nation.

In Fourth Estate Public Benefit Corp. v.

In September, the U.S. Department of Justice’s Cybersecurity Unit, Computer Crime & Intellectual Property Section updated its Best Practices for Victim Response and Reporting of Cyber Incidents. The updated guidance (which is not intended to have any regulatory effect) emphasizes the importance of planning a response before a data breach, ransomware threat or other cyber

In addition to sharing the co-special editor role for the August 2018 issue of New Jersey Lawyer magazine, which focuses on “Diversity,” Nancy Del Pizzo also received publication credit for her article directed to New Jersey lawyers, “Navigating the Internet for the Visually Disabled.” New Jersey Lawyer magazine is a publication of the New Jersey

Nancy Del Pizzo’s article, “Website Accessibility: Lawsuit Avoidance and a Potential New Source of Customers” was published in Nutrition Industry Executive.

Click here to read full article.

New Jersey holders of individuals’ personal and confidential information are on alert that it is not enough to secure the data stored and/or used on their own platforms if that data is also accessed by a third party.

On March 1, 2018, the Superior Court of New Jersey entered a Final Consent Judgment (the “Consent

Effective April 1, 2018, employers in New Jersey will no longer be able to use an employment contract to obtain rights to an employee’s inventions. Exceptions included in the legislation are whether the inventions (a) relate “to the employer’s business or actual or demonstrably anticipated research or development,” or (b) result “from any work performed

Today, most businesses are e-businesses, and all e-businesses should take note. There has been an explosion in the number of lawsuits filed in the Federal Courts seeking damages and injunctive relief under Title III of the Americans With Disabilities Act, 42 U.S.C. § 12182(a) (the “ADA”) based on alleged failures to provide accommodations that enable

Nancy Del Pizzo’s article, “Minimizing Legal Risks When Using the Word ‘Organic’,” appeared in the July/August issue of Nutrition Industry Executive.

The article details the U.S. Department of Agriculture’s requirements for the use of the word “organic” as well as what is considered false and misleading advertising for organic products.

To read the article, click

Nancy A. Del Pizzo published her article, “Using Open Source Code for Development of ‘Proprietary’ Software,” in the May 10, 2017, issue of Westlaw Journal, Intellectual Property, Litigation News and Analysis.

To read the article, Click Here.

On April 3, 2017, President Donald J. Trump signed into law S.J. Resolution 34, a partisan-enacted joint congressional resolution disapproving of (and thus negating) a rule submitted in 2016 by the Federal Communications Commission (“FCC”), which provided additional protections to consumers when using broadband services.  The result is a reversal in privacy provisions that were

Nancy Del Pizzo provided the following comment in an article published in Westlaw’s Journal of Intellectual Property regarding Mavrix Photographs LLC v. LiveJournal Inc.:

“This decision should put social media companies on notice to, at the very least, closely follow this case on remand and educate its ‘moderators’ on the DMCA, particularly its ‘red flag’ exception.”

Nancy A. Del Pizzo’s article entitled, “Enforcing Copyright Without Having a Registration Certificate” was published in the December 5, 2016 issue of the New Jersey Law Journal.

Click here to read the article in its entirety.

Reprinted with permission from the December 5, 2016 issue of the New Jersey Law Journal. © 2016 ALM Media Properties, LLC.

Nancy Del Pizzo has written an article for Westlaw Journal of Intellectual Property entitled, “Emerging Case Law Exposes ‘Bot’ Makers To DMCA Absent Copyright Information,”

Click here to read the article.

Nancy Del Pizzo and Gene Kang have published an article entitled, “Cybersecurity Rulings Tap Insurance and Standing Issues,” in the American Bar Association’s Section of Litigation, Intellectual Property, Practice Points section.

To read the article, Click Here.

New Jersey legislators advanced a bill to expand notification requirements in the event of a data breach affecting New Jersey residents. The bill, Assembly No. 3146, passed on December 15, 2014, by a vote of 75–0 and was referred to the Senate Commerce Committee where it has not yet been addressed. The Assembly bill seeks

“Parody” is a technique used by artists in various forms of entertainment, from comedians to radio disc jockeys to authors. “Parody,” in the copyright sense, generally involves using someone else’s copyright-protected work and results in copyright infringement, absent a license for the use. In some cases, however, an infringer can successfully claim “fair use” as