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California Supreme Court holds online retailers of downloadable products may require personally identifying information for credit card transactions

Proskauer Rose LLP
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USA
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February 13 2013

The California Supreme Court held on February 4, 2013 that the provision of the Song-Beverly Credit Card Act of 1971 (the "Act") prohibiting

Assignment of copyright through terms of use: does e-sign make it ok? A tool for B2B sites dealing with unauthorized access to their content?

Proskauer Rose LLP
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USA
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December 20 2012

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content

In clickwrap data pass contract dispute. Second Circuit sacks e-mail notice of post-transaction terms

Proskauer Rose LLP
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USA
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September 25 2012

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program

This is one of the top ten best blog posts ever written about online defamation

Proskauer Rose LLP
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USA
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September 17 2012

Although we have confidence in the quality of our work, the headline above might be viewed by some as mere hyperbole or rhetorical exaggeration

California District Court dismisses privacy class action lawsuit against LinkedIn

Proskauer Rose LLP
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USA
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August 8 2012

A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit

Michigan court assesses electronic signature authentication under UETA in online insurance transaction

Proskauer Rose LLP
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USA
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July 30 2012

The acceptance of electronic signatures in commercial transactions has become so commonplace that disputes about their use are relatively few

Who owns an employee's Twitter and other online accounts?

Proskauer Rose LLP
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USA
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December 8 2011

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are registered or otherwise created by employees or contractors

Service provider's intent in removing positive reviews irrelevant in assessing availability of CDA Section 230 protection

Proskauer Rose LLP
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USA
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November 10 2011

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act

Finding certain Facebook activity to be unprotected, NLRB dismisses two charges

Proskauer Rose LLP
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USA
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November 7 2011

The interesection of social media and employee rights under the National Labor Relations Act has received a great deal of attention in recent months, including recently on this blog

Multinational employers face multiple Facebook rulings

Proskauer Rose LLP
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USA
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July 7 2011

Recent prosecutions by the National Labor Relations Board have the employer community all atwitter over the Board’s apparent social media policy

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