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Results: 1-10 of 112

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


Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals
  • Proskauer Rose LLP
  • USA
  • July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals


California anti-spam statute not preempted by federal CAN-SPAM Act
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Claims under California Business & Professions Code Section 17529.5, the California anti-spam statute, are not preempted by the federal CAN-SPAM Act, a district court ruled


Despite liability disclaimer, domain name registrar may be liable for social engineering hack of domain name
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A domain name registrar may be liable for damages sustained by a search engine as a result of a social engineering exploit that enabled a hacker to obtain control of the search engine's domain name and redirect traffic to the hacker's political site, a district court ruled


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


Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled


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


No CDA 230 protection for online booksellers for internet sale of book
  • Proskauer Rose LLP
  • USA
  • May 5 2011

While online booksellers are immune under Section 230 of the Communications Decency Act for defamation claims arising out of promotional material supplied by third parties and posted on the booksellers' sites, Section 230 does not extend to defamation claims arising out of the books themselves, a district court ruled


CDA Section 230 protects online business review site from liability for refusing to remove negative reviews
  • Proskauer Rose LLP
  • USA
  • May 5 2011

Section 230 of the Communications Decency Act protects the provider of an online business review site from liability for refusing to remove negative reviews, a district court ruled