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Results: 1-10 of 182

Hurricane Irene storms through force majeure provisions

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 29 2011

The gusts of hurricane Irene were still blowing outside as the winds of “force majeure” gathered force in the minds of lawyers around the country

FTC says 10-day limit on online ad company's cookie opt-out is deceptive, requires five-year effectiveness for opt-out

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The Federal Trade Commission settled charges of deceptive practices with an online advertising company that gave consumers the opportunity to opt out of its tracking cookies, but limited the opt-out period to ten days

Broker and compliance officer personally fined by SEC for customer privacy violations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The Securities and Exchange Commission imposed fines of $20,000 each against the former president of a broker-dealer and a former broker for their actions in transferring customer information to a new firm as the defunct firm wound down

Under Arkansas law, insurance law writing requirement satisfied by online transaction

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme Court ruled

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled

Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

Bills to regulate consumer privacy introduced in U.S. House and Senate

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Several bills aimed at regulating the collection and use of consumer personal information was introduced in Congress in April

Infringement and circumvention of massively multiplayer online video game yield $300,000 damages award

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The court entered a default judgment for statutory damages for trademark and copyright infringement and circumvention of technological measures resulting from the distribution of unauthorized copies of the plaintiff's videogame

No CDA 230 protection for online booksellers for internet sale of book

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled

No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled