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Results: 1-10 of 112

Early termination fee in contract for internet access not an invalid liquidated damages clause under California law
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An early termination fee contained in a contract for Internet access services for a defined period is not an invalid liquidated damages clause under Cal. Civ. Code Section 1671, the U.S. Court of Appeals for the Ninth Circuit ruled


Bankruptcy court approves destruction of personal information gathered on gay teen site
  • Proskauer Rose LLP
  • USA
  • September 30 2010

The judge presiding over the bankruptcy proceeding of the operator of a Web site and magazine aimed at gay teens has approved a settlement allowing the destruction of personal information of users rather than a sale to creditors as part of the bankruptcy estate


E-mail may satisfy writing requirement under New York real estate Statute of Frauds
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An e-mail may be sufficient to satisfy the New York real estate Statute of Frauds requirement that a conveyance or contract concerning real property be in writing, a New York appellate court ruled


No Fourth Amendment violation in government administrative subpoena to ISP for subscriber information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

An administrative subpoena served upon a defendant's Internet service provider to obtain his subscriber information did not violate his Fourth Amendment rights, the U.S. Court of Appeals for the Fourth Circuit ruled, because the defendant had no reasonable expection of privacy in his subscriber information


ECPA not applicable to ISP's alleged disclosure of communications to foreign government
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The Electronic Communications Privacy Act does not apply to the actions of an ISP that allegedly revealed subscribers' personal information and communications to a foreign government, where the acts of disclosure and interception took place in a foreign country, a district court ruled


Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


California single publication rule applies to web site right of publicity, Lanham Act claims
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The California single publication rule bars an individual's common law and California statutory right of publicity and Lanham Act false endorsement claims for the sale of merchandise on a Web site, a district court ruled


Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading
  • Proskauer Rose LLP
  • USA
  • May 5 2011

A claim under the Illinois anti-spam law that the heading on a promotional e-mail was misleading because it failed to warn the recipient that the e-mail sender utilized tracking technology is preempted by the federal CAN-SPAM Act, a district court ruled


FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations
  • Proskauer Rose LLP
  • European Union, USA
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement


Spam sent via fake profiles on social networking site held actionable under California law as common law fraud
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A defendant who created numerous fake profiles on a social networking site in order to send unsolicited commercial e-mail messages is liable in an action brought by the operator of the site for common law fraud and deceit under California law, a district court ruled