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A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial
  • McDermott Will & Emery
  • USA
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


To track or not to track
  • McDermott Will & Emery
  • USA
  • October 21 2013

Digital advertising based on tracking users' interests and related privacy concerns have been the subject of many recent news articles. What does


The Aereo crashed: cheap internet TV thwarted
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television


“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


DMCA Safe Harbor Protection Includes Pre-1972 Recordings
  • McDermott Will & Emery
  • USA
  • July 26 2016

Vacating a district court's decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital


Examiner.com Sails to Victory in DMCA Safe Harbor
  • McDermott Will & Emery
  • USA
  • June 28 2016

Addressing whether the owner of a media website could invoke the safe harbor provision of the Digital Millennium Copyright Act (DMCA), the US Court


FTC enforces Facebook policies to stop jerk
  • McDermott Will & Emery
  • USA
  • April 21 2014

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal


In with the new: 2015 privacy, advertising and digital media predictions part II
  • McDermott Will & Emery
  • USA
  • January 14 2015

In 2015, I predict an increased focus on employees’ rights regarding their personal social media accounts. Since 2012, individual states have enacted


FDA issues draft guidance on communications over internet and social media platforms
  • McDermott Will & Emery
  • USA
  • July 22 2014

On June 17, 2014, the U.S. Food and Drug Administration (FDA or the Agency) issued two draft guidance documents, providing recommendations for two