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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

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

CAN-SPAM Act may be applicable to Facebook messages

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • 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

CDA Section 230 protects online business review site from liability for refusing to remove negative reviews

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

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, 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
  • -
  • USA
  • -
  • 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

Google Books settlement would usurp congressional role in revising copyright law

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

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement