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Advertiser settles deceptive advertising charges stemming from undisclosed payments for online reviews

Proskauer Rose LLP
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USA
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May 5 2011

An advertiser that paid affiliates to post favorable reviews of its product in online articles, blog posts and other online editorial material without disclosing the arrangement agreed to pay a $250,000 fine to settle deceptive advertising charges brought by the Federal Trade Commission

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
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USA
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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

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

Proskauer Rose LLP
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USA
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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

FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations

Proskauer Rose LLP
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European Union, USA
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May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement

Notice of past infringements on online photo site does not obligate operator to proactively screen site

Proskauer Rose LLP
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USA
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May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

CAN-SPAM Act may be applicable to Facebook messages

Proskauer Rose LLP
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USA
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May 5 2011

The CAN-SPAM Act may apply to communications intended to drive users of the Facebook social network to "pages" that redirect the users to an advertiser's external Web site and also encourage them to send additional messages to other users, a district court ruled

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

Proskauer Rose LLP
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USA
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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

Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement

Proskauer Rose LLP
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USA
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May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner

Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media

Proskauer Rose LLP
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USA
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May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled

FTC finalizes settlement with Twitter for failure to safeguard consumer personal information

Proskauer Rose LLP
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USA
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May 5 2011

The charges arose out of lapses in the security of the social networking site's administrative accounts, which enabled hackers to gain access to both administrative and customer accounts

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