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Article

Proskauer Rose LLP | USA | 29 Aug 2011

Hurricane Irene storms through force majeure provisions

The gusts of hurricane Irene were still blowing outside as the winds of “force majeure” gathered force in the minds of lawyers around the country.

Article

Proskauer Rose LLP | USA | 11 Jan 2011

Ninth Circuit revises controversial opinion limiting government searches of electronically stored information

The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, revised its August 2009 opinion addressing warrant applications by law enforcement officials seeking access to electronically stored information.

Article

Proskauer Rose LLP | USA | 11 Jan 2011

New York attorney ethics opinion OKs online data storage, with reservations

New York attorneys may use an online data storage system to store and back up client confidential information, provided that they take reasonable care to ensure that the confidentiality of the information is maintained in a manner consistent with an attorney's obligations under New York Rule of Professional Conduct 1.6, the New York State Bar Association Committee on Professional Ethics opined.

Article

Proskauer Rose LLP | USA | 11 Jan 2011

Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230

An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled.

Article

Proskauer Rose LLP | USA | 11 Jan 2011

Under Montana law, arbitration provision in consumer internet access contract was unconscionable and unenforceable

A mandatory arbitration provision in a contract with a nonbusiness party for Internet access is an unenforceable contract of adhesion, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Forum selection clause specifying state court venue operated as waiver of federal forum for claims under ECPA

A forum selection clause in an agreement for online services that required claims to be brought in the "courts of Virginia" operated as a waiver of a user's right to litigate claims under the Electronic Communications Privacy Act in a federal forum, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Assent to newspaper’s online privacy policy did not constitute waiver of right to anonymous speech

An anonymous commenter's assent to a newspaper's online privacy policy did not constitute a waiver of the commenter's right to anonymous speech, a district court ruled.

Article

Proskauer Rose LLP | USA | 14 Apr 2010

Assistant United States Attorney's communication with private attorney via employer's e-mail system did not waive attorney-client privilege

An Assistant United States Attorney who communicated with his private attorney via his government-provided e-mail address did not thereby waive his attorney-client privilege in the contents of the e-mail messages sent to his attorney, a district court ruled.

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