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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"


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


There's no sense waiting to see what the U.S. Supreme Court has to say about GPS tracking
  • Proskauer Rose LLP
  • USA
  • January 5 2012

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job did not require a warrant


State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way
  • Proskauer Rose LLP
  • USA
  • June 29 2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party


New York High Court splits on applicability of Communications Decency Act Section 230 to online forum operator
  • Proskauer Rose LLP
  • USA
  • June 30 2011

A divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act


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


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


In assessing employee status in copyright ownership disputes, technology start-ups are a special case, says the Ninth Circuit
  • Proskauer Rose LLP
  • USA
  • April 8 2010

A technology start-up company can be an informal environment - both Apple Computer and Hewlett-Packard famously started out in garages, and Yahoo!, Google and Facebook were developed, initially at least, in college dorm rooms


Computer file extension functional, therefore not protectable as trademark
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled


Arbitration clause in electronic employment agreement unenforceable where evidence of execution and assent to arbitration were lacking
  • Proskauer Rose LLP
  • USA
  • April 14 2010

An arbitration clause in an electronic employment agreement cannot be enforced where the employer failed to show by a preponderance of the evidence that the employee electronically executed the agreement, a California appeals court ruled