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FINRA alerts investors to bitcoin risks

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 14 2014

Bitcoin remains fixed on the front pages of the business and technology news for both the salacious and the positive. Much attention has been paid to

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

U.S. Supreme Court grants review of statute restoring copyright in public domain works

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

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

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

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

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

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination

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

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled