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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


U.S. Supreme Court unanimously rule that GPS installation and tracking of a vehicle constitutes a search, but the justices disagree on rationale - are lines being drawn on privacy rights and new technology?
  • Proskauer Rose LLP
  • USA
  • January 23 2012

In a narrowly-drawn majority opinion, the United States Supreme Court ruled in United States v. Antoine Jones that the Government’s attachment of a GPS-tracking device to a vehicle, and the subsequent monitoring of the movements of that vehicle on public streets, constitutes a search


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


Who do you trust? Proposed cybersecurity bill would encourage public-private cyber threat information exchange by providing legal immunity
  • Proskauer Rose LLP
  • USA
  • December 22 2011

“Who Do You Trust” was a 1950’s game show that required players to decide whether they could rely upon the information provided by their partners to win cash prizes of $25, $50 and $75


An old wine - new bottles analogy leads to dismissal of indictment for alleged Twitter stalking
  • Proskauer Rose LLP
  • USA
  • December 22 2011

The Twitter micro-blogging service is just like the bulletin boards that Colonial Americans might have had in their front yards to communicate with one another at the time the Bill of Rights was adopted, said a federal district court judge in United States v. Cassidy, No. TWT 11-091 (D. Md. Dec. 15, 2011


Who owns an employee's Twitter and other online accounts?
  • Proskauer Rose LLP
  • USA
  • 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


Hurricane Irene storms through force majeure provisions
  • Proskauer Rose LLP
  • USA
  • August 29 2011

The gusts of hurricane Irene were still blowing outside as the winds of “force majeure” gathered force in the minds of lawyers around the country


Texas raises stakes on health care privacy
  • Proskauer Rose LLP
  • USA
  • August 30 2011

In May, Texas enacted a far-reaching new health information privacy law that will take effect on September 12, 2012


Novell prevails in long-running dispute over ownership of UNIX copyrights - and open source software moves on
  • Proskauer Rose LLP
  • USA
  • August 31 2011

The dispute between The SCO Group and Novell, Inc. over the ownership of copyrights in the code to certain versions of the UNIX operating system, which started eight years ago, appears to have been handed its retirement papers by the Tenth Circuit


This is one of the top ten best blog posts ever written about online defamation
  • Proskauer Rose LLP
  • USA
  • 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