Viewing profile — KieranMac

I'm a lawyer that works in the web-scraping space, and I always chuckle when I read threads like this. Almost every company that we now consider a monopolist (or their affiliates) …

There are probably two dozen specialists on this issue nationwide. A properly targeted Google search will outperform your personal network of attorneys (and their network of attorn…

Speaking of surgery, here's an analogy that might be helpful. Five years ago I had a catastrophic ankle injury I suffered while running in Moab. Two broken bones, lots of torn liga…

There are certain tasks that you would never do yourself, such as surgery. And there are certain tasks like changing your oil where anyone with patience and diligence can do it the…

This is all good advice.

Also, notice is a component of many legal claims.

The best way to perform surgery is to read a few articles online and then get to cutting! It is certainly true that anyone can respond to a C&D letter. But whether you can do so wi…

It is worth pointing out that FB has a long history of litigating this issue, from Power Ventures, to BrandTotal, to Octoparse, to Voyager Labs and more. And they have about 80-90%…

I can't share client-specific stories because that's protected by AC privilege. But I think the recipients of these letters sometimes have more potential to negotiate than they rea…

The problem with this advice is that this is a very niche area of law. Unless the people you know have had prior experiences with data-access/web-scraping legal issues, a generalis…

As an attorney who has experience responding to Meta’s “anti-scraping team,” I think there might be more opportunities for amicable resolutions than you might expect (depending on …

No, it is not. If you do not have a fiduciary relationship with Boeing and you have no confidentiality obligations with respect to the information, you are not trading on inside in…

Nope.

I agree with the first paragraph and strongly disagree with the second. If you are a US citizen and live in the US, for any pass-through entity, you will likely be taxed and need t…

It's just industry standard for capital raises. All corporate attorneys learn DE law when they go to law school and are expected to know it if they practice corporate law. A Colora…

I'm an attorney. Delaware is definitely not the cheapest or even in contention for the cheapest. Still, if you want to raise capital, the correct answer is DE C Corp. If you're not…

I am not certain who it is. And even if I were, I would not dox someone who wanted to keep their identity private.

Actually, as I re-read this, this how it should go: -hiQ sues LinkedIn for injunctive relief in the ND Cal., win on its CFAA claim. -LinkedIn appeals to 9th Circuit, which sides wi…

These online agreements are often enforceable, even when companies have lots of resources to defend themselves.

Scraping other sites while prohibiting it on your own is "do what I say, not what I do" behavior, which I think is a fair, consensus understanding of what it means to be hypocritic…

I think the difference is that defeating the other team is the point of sports, whereas at least ostensibly the law is supposed to provide a set of coherent rules for businesses to…

I don't. I just have a .pdf. Email me at Kieran(at)McCarthyLG(dot)com if you want a copy.

Not a mixed judgment in Nov. 22. It was a massive defeat for hiQ Labs. Read the permanent injunction issued by the court.