Proskauer Rose LLP | USA | 12 Jul 2012
On July 3, 2012, Orange County Superior Court Judge Nancy Wieben Stock issued a ruling dismissing a California “Shine the Light” consumer protection law case without leave to amend, making it the first “Shine the Light” case to come to a final decision in a trial court. Judge Stock dismissed the case against XO Group Inc.
Proskauer Rose LLP | USA | 5 May 2011
A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled.
Proskauer Rose LLP | USA | 11 Jan 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.
Proskauer Rose LLP | USA | 30 Sep 2010
Neither a software licensee, nor a competitor of the software licensor, violated the Computer Fraud and Abuse Act when the competitor accessed a server containing the licensor's proprietary files via a password supplied by the licensee who had been issued an administrative password by the licensor, a district court ruled.
Proskauer Rose LLP | USA | 29 Jul 2010
A user of software containing source code misappropriated by the software developer from a competitor does not thereby acquire the requisite knowledge of the trade secrets embodied in the source code so as to violate the California Uniform Trade Secrets Act, a California appeals court ruled.
Proskauer Rose LLP | USA | 29 Jul 2010
While the search of a laptop computer at a border crossing did not require a search warrant, one of two subsequent warrantless searches of the laptop after it was seized by law enforcement officials violated the Fourth Amendment, a district court ruled.
Proskauer Rose LLP | USA | 29 Jul 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.
Proskauer Rose LLP | USA | 14 Apr 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.
Proskauer Rose LLP | USA | 14 Apr 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.
Proskauer Rose LLP | USA | 14 Apr 2010
The rule of lenity limits prosecution of an allegedly disloyal former employee on the theory that his access to his employer's computer network was "without authorization" or "exceed[ed] authorized access" within the meaning of the Computer Fraud and Abuse Act, a district court ruled.