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FINRA alerts investors to bitcoin risks
  • Proskauer Rose LLP
  • USA
  • March 14 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


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


Employee violation of employer computer use policy can support CFAA criminal charge
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled


Wiretapping in child custody dispute results in civil damage award under federal Wiretap Act
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A spouse involved in a child custody dispute and her parents were assessed civil damages under the federal Wiretap Act in connection with the recording of conversations via a device hidden in a child's toy


Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media
  • Proskauer Rose LLP
  • USA
  • May 5 2011

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled


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


U.S. Supreme Court grants review of statute restoring copyright in public domain works
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The questions presented are whether the Progress Clause of the United States Constitution prohibits Congress from taking works out of the public domain, and whether Section 514 of the Uruguay Round Agreements Act of 1994 violates the First Amendment of the United States Constitution


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