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Results: 1-10 of 159

Sender's liquidated damages liability under California anti-spam statute limited to $1 million per incident
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The liquidated damages provision of the California anti-spam statute, which caps liquidated damages at $1 million "per incident," is a limitation on a sender's liability for each transmission of an actionable message to a single recipient or to multiple recipients, a district court held


No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled


Posting entire news article on nonprofit organization's blog constitutes fair use
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The re-posting of an entire news article on the blog of a nonprofit organization is fair use as a matter of law where the purpose was to educate the public, a district court ruled


Cost of credit monitoring for victims of data security breach constitutes loss under CFAA
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled


Google Books settlement would usurp congressional role in revising copyright law
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement


Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled


CDA 230 protects blog owner from liability for third-party comment
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The court ruled the owner of a blog is not liable for an alleged defamatory comment even if the owner viewed and approved the comment prior to publication on the blog


Cable operator ordered to disclose subscriber information for 1,200 accounts
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Providing information on over 1,200 subscribers who are alleged to have downloaded and distributed unauthorized copies of a motion picture on a P2P file-sharing network is not an undue burden on an ISP, a district court ruled, also rejecting arguments that the order infringed the subscribers' right to anonymous communication


In keyword advertising dispute, Ninth Circuit says trademark infringement requires more than initial interest confusion
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Courts must be flexible in applying the law in the Internet context, the U.S. Court of Appeals for the Ninth Circuit emphasized in a dispute involving the use of trademark terms in keyword advertising


Under Arkansas law, insurance law writing requirement satisfied by online transaction
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A requirement in the Arkansas law that a rejection of medical benefits in an automobile insurance policy be in writing is satisfied by an electronic form completed online, the Arkansas Supreme Court ruled