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Broad civil discovery order to produce cellphone and computer violated privacy, self-incrimination rights and privileges
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A civil discovery order requiring a party to produce her cellphone and computer for examination by her adversary's attorney was improper because the unlimited breadth of the order failed to protect the party's right of privacy, right against self-incrimination, and various privileges, a Florida appeals court ruled.


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.


Domain name registrar not immune from trademark owner's infringement, ACPA claims
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled.



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  • Proskauer Rose LLP