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Ninth Circuit ruling trimming CFAA claims for misappropriation reminds employers that technical network security is the first defense
  • Proskauer Rose LLP
  • USA
  • April 13 2012

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the employer’s computer use policy


Browsewrap agreement held unenforceable against consumer due to insufficient notice
  • Proskauer Rose LLP
  • USA
  • September 8 2014

Many commercial websites rely on "browsewrap" agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a


Mobile alphabet soupwhat exactly is an ATDS under the TCPA?
  • Proskauer Rose LLP
  • USA
  • June 9 2014

There has been an uptick in litigation under the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227 likely due to the increased use


No expansion of CFAA liability for monetary exploit of software bug
  • Proskauer Rose LLP
  • USA
  • November 13 2013

In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable "Bank Error in Your Favor, Collect $200&Prime


Staving off scrapers of user-generated content with electronic copyright transfers a legal (but, perhaps not a practical) solution
  • Proskauer Rose LLP
  • USA
  • November 12 2013

It's a problem that has vexed website owners since the days of the dot-com boom - how to make certain user-generated content available to users or


Sixth Circuit affirms ‘dirtiest hotel’ defamation ruling
  • Proskauer Rose LLP
  • USA
  • September 23 2013

We previously wrote about a Tennessee district court's decision holding that a hotel's inclusion at the top of the 2011 TripAdvisor "Dirtiest Hotels"


FINRA issues investor alert concerning Bitcoin trading and speculation
  • Proskauer Rose LLP
  • USA
  • March 12 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


U.S. Dept. of Commerce releases multistakeholder guidance on DMCA notice and takedown best practices
  • Proskauer Rose LLP
  • USA
  • April 9 2015

On Tuesday, the U.S. Dept. Of Commerce's Internet Policy Task Force released a guidance containing a list of best practices (and notable "bad"


Website Design Implicated in Two Rulings on Enforceability of Online Terms - Highlights the Importance of Legal Review of Design Decisions
  • Proskauer Rose LLP
  • USA
  • November 21 2016

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted


Music publishers bring contributory copyright claims against ISP for infringing activities of subscribers
  • Proskauer Rose LLP
  • USA
  • December 2 2014

In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright