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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
Notice of past infringements on online photo site does not obligate operator to proactively screen site
- Proskauer Rose LLP
- -
- USA
- -
- 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
Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media
- Proskauer Rose LLP
- -
- USA
- -
- 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
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
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
Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled
CDA Section 230 no bar to city enforcement of ticket tax remittance requirement on online vendor
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Section 230 of the Communications Decency Act is not a bar to a municipality's requirement that an online ticket auction site collect and remit applicable local amusement taxes from ticket sales on its site, the U.S. Court of Appeals for the Seventh 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
Online auction site protected from liability for alleged breach of auction rules by auctioneer
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
The operator of an online auction site is protected by Section 230 of the Communications Decency Act from claims negligence and tort claims based on allegations that an auctioneer reopened bidding on an auction in violation of the site's rules, a district court ruled
New York attorneys may access public social networking profiles for litigation purposes
- Proskauer Rose LLP
- -
- USA
- -
- January 11 2011
Attorneys may access publicly available profile pages on social networking sites in order to obtain evidence and impeachment material for use in litigation, the New York State Bar Association Committee on Professional Ethics opined
