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Results: 1-10 of 118

Online clickwrap agreement unenforceable where customer warned company that non-executives had no contractual authority
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A forum selection clause in an online clickwrap agreement is not enforceable against a customer that warned the Web site owner that it would not assent to such agreements, and that the customer's employees who accessed the site were not authorized to enter agreements on the customer's behalf, 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


Cable Networks throw copyright infringement haymaker at online streaming sites
  • Proskauer Rose LLP
  • USA
  • May 29 2015

The May 2nd bout between Floyd "Money" Mayweather and Manny "Pac-Man" Pacquiao(the "Fight") was billed as the most anticipated boxing match in recent


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


CDA Section 230 protects web site operator from liability for user's defamatory post, despite general statement on web site concerning accuracy of information
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A general statement on a Web site to the effect that posted information was truthful and accurate did not deprive the Web site operators of protection from liability for defamatory statements posted by third parties under Section 230 of the Communications Decency Act, a Texas appeals court ruled


Ohio State tries to buck online t-shirt company
  • Proskauer Rose LLP
  • USA
  • November 12 2014

As the leaves change and fall temperatures drop, things are heating up in federal court where The Ohio State University has filed suit against


Web site owner's assertion of CDA Section 230 in response to defamation claim not an extortionate threat
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A Web site operator's assertion of Section 230 of the Communications Decency Act in response to a demand that allegedly defamatory third-party content be removed from its consumer complaint site does not constitute an extortionate threat under California law, a district court ruled


FCC Chairman announces proposal to classify internet TV services as cable providers
  • Proskauer Rose LLP
  • USA
  • October 30 2014

Over the past month, there have been many reports that the FCC would soon publish an NPRM classifying an online video distributor (OVD) that delivers


Third-party civil discovery subpoena to web mail and social networking providers unenforceable under Stored Communications Act
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A third-party civil discovery subpoena issued to providers of Web mail services and social networking services is unenforceable under the Stored Communications Act, a district court 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