We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 257

California Supreme Court denies review of ruling allowing restaurant owner’s false advertising claims to proceed against Yelp
  • Proskauer Rose LLP
  • USA
  • November 19 2014

On November 12, 2014, the California Supreme Court denied review of the California Court of Appeals decision in Demetriades v. Yelp, Inc., 2014 WL


Emergence of live streaming apps brings up copyright, privacy, legal concerns
  • Proskauer Rose LLP
  • USA
  • May 4 2015

The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like


Who exactly is a ‘user’ under the DMCA safe harbor?
  • Proskauer Rose LLP
  • USA
  • May 11 2015

The DMCA was enacted in 1998 to preserve "strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright


Arizona State Bar ethics opinion approves electronic client file storage
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Arizona attorneys may provide online storage of client documents, provided that they take reasonable precautions to protect the security and confidentiality of those documents and periodically review the reasonableness of those precautions, the State Bar of Arizona stated in a Formal Opinion


Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled


Public relations firm settles FTC action over paid online game reviews
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A public relations firm settled a Federal Trade Commission enforcement action in which the agency alleged that the firm engaged in deceptive advertising when its employees posed as ordinary consumers posting game reviews at the online iTunes store, and it did not disclose that the reviews came from paid employees working on behalf of the developers


On remand from Supreme Court, Second Circuit reiterates ruling barring TCPA junk fax class actions under New York law
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Class actions alleging violations of the "junk fax" provisions of the federal Telephone Consumer Protection Act may not be brought under New York law, because they are barred by N.Y.C.P.L.R. 901(b), the U.S. Court of Appeals for the Second Circuit ruled


Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled


No CFAA violation where software licensor with administrative password gave server access to licensor's competitor
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled


Identity of anonymous commercial speakers entitled to lower standard of protection
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Anonymous speakers who posted statements and videos disparaging a business on a competitor's Web site are entitled to a lesser degree of First Amendment protection than that applicable to political speech, the U.S. Court of Appeals for the Ninth Circuit ruled