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Results: 1-10 of 158

Business owner held not individually liable for multimillion dollar judgment under Iowa anti-spam statute

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A joint owner of a corporate entity was not properly held individually liable for a multimillion dollar judgment under the Iowa anti-spam statute because there was no evidence that she initiated the sending of the spam e-mails in question, the U.S. Court of Appeals for the Eighth Circuit ruled

First Amendment bars North Carolina taxing authority’s demand for online bookseller records

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

A state taxing authority's request for information on transactions by an online bookseller with state residents, in connection with a dispute over the bookseller's liability for state sales and use taxes, is barred by the First Amendment, a district court ruled

Alleged cybersquatter's inclusion of commercial self-promotion on gripe site precludes dismissal of trademark and cybersquatting claims

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

A former law firm associate who registered a ".net" domain name identical to the ".com" domain name of his former employer and used the domain name to host a "gripe site" containing criticism of the firm and its employees was not entitled to dismissal of trademark infringement and cybersquatting claims, a district court ruled

Assistant United States Attorney's communication with private attorney via employer's e-mail system did not waive attorney-client privilege

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

An Assistant United States Attorney who communicated with his private attorney via his government-provided e-mail address did not thereby waive his attorney-client privilege in the contents of the e-mail messages sent to his attorney, a district court ruled

U.S. Supreme Court grants petition for certiorari in Quon v. Arch Wireless case involving employee communications claim under Stored Communications Act

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The U.S. Supreme Court granted the petition for certiorari filed by the employer in a case involving the privacy of employee communications under the Stored Communications Act provisions of the Electronic Communications Privacy Act

No CFAA violation where software licensor with administrative password gave server access to licensor's competitor

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled

Web site addition of hyperlinks to a previously posted online article does not restart defamation statute of limitations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The addition of hyperlinks to an allegedly defamatory online article does not restart the statute of limitations for defamation, 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

Identity of anonymous commercial speakers entitled to lower standard of protection

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

Anonymous speakers who posted statements and videos disparaging a business on a competitor's Web site are entitled to a lesser degree of First Amendment protection than that applicable to political speech, the U.S. Court of Appeals for the Ninth Circuit ruled

Despite liability disclaimer, domain name registrar may be liable for social engineering hack of domain name

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 30 2010

A domain name registrar may be liable for damages sustained by a search engine as a result of a social engineering exploit that enabled a hacker to obtain control of the search engine's domain name and redirect traffic to the hacker's political site, a district court ruled