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Article

Proskauer Rose LLP | USA | 2 Mar 2018

California Court Declines to Dismiss Illinois Facial RecognitionBiometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois

Article

Proskauer Rose LLP | USA | 27 Sep 2017

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric

Article

Proskauer Rose LLP | USA | 29 Jun 2012

State Appeals Court concludes employer not protected by CDS Section 230 in employee stalking case, and seems to shrink the statute along the way

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute does not protect the employer from negligent supervision claims based upon the employee’s alleged use of the network to communicate threats to a third party.

Article

Proskauer Rose LLP | USA | 5 May 2011

Federal CAN-SPAM Act preempts claim under Illinois anti-spam law that e-mail utilizing tracking technology was misleading

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.

Article

Proskauer Rose LLP | USA | 5 May 2011

Employer may have violated Lanham Act, state right of publicity, in impersonation of employee on social media

An employer that is alleged to have posted messages impersonating an employee on her personal Facebook and Twitter pages while she was recuperating from an accident may be liable under the Lanham Act for false endorsement and under the Illinois right of publicity, a district court ruled.

Article

Proskauer Rose LLP | USA | 30 Sep 2010

Logo, copyright notice and link on web site constitute copyright management information under DMCA

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled.

Article

Proskauer Rose LLP | USA | 30 Sep 2010

Marketing firm authorship supports finding that primary purpose of faxed attorney newsletter was advertising, not educational

Under the FCC's Telephone Consumer Protection Act rules, the primary purpose of a faxed attorney newsletter drafted and sent by a marketing firm was advertising rather than informational, a district court ruled.

Article

Proskauer Rose LLP | USA | 30 Sep 2010

Clickwrap user agreement bars claims against web site operator over fraudulent ticket sales

A clickwrap user agreement applicable to an online ticket exchange that contained broad disclaimers of liability, including disclaimers of express and implied warranties, bars claims by users of the site based upon their purchase of fraudulent ticket purchase options, a district court ruled.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

License language in contract may render search ad provider liable under ACPA for providing ads to parked domain names

A provider of search ads to registrants of parked domain names alleged to infringe trademarks may be liable under the Anti-cybersquatting Consumer Protection Act as an "authorized licensee" of the registrants, a district court ruled.

Article

Proskauer Rose LLP | USA | 29 Jul 2010

Damage, impairment or interruption of service required to show compensable loss under CFAA

A compensable "loss" under the Computer Fraud and Abuse Act is not established by an allegation that a company spent in excess of $5,000 to investigate unauthorized access to its computerized data, where the company failed to show any underlying damage, impairment or interruption of service to a computer or a computer system, a district court held.

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