Server Location, Jurisdiction, and Server Location Requirements (Guest Blog Post)

Server Location, Jurisdiction, and Server Location Requirements (Guest Blog Post)

by guest blogger Marketa Trimble At the recent “Law, Borders, and Speech” conference at Stanford, several participants debated the relevance of server location in determining jurisdiction. Some Silicon Valley attorneys at the conference argued that the location of a server should…

Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca and I are pleased to announce the publication of the third edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * As a DRM-free PDF file. Price: $11.50…

Quora Gets Easy Section 230 Win In Tenth Circuit--Silver v. Quora

Quora Gets Easy Section 230 Win In Tenth Circuit–Silver v. Quora

Since its Accusearch ruling in 2009, the Tenth Circuit has been a dicey place for Section 230 defendants. Fortunately, this case goes smoothly. David Silver is an investment banker in Santa Fe. On Quora, someone asked: “Has anyone worked with…

Plaintiffs' Law Firm Can Reference Targeted Business' Name In Ad Copy--McHugh Fuller v. Pruitt

Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt

PruittHealth operates nursing homes in the Southeast. The McHugh Fuller law firm regularly sues nursing homes (their tagline: “Nursing Home Law…It’s What We Do”). To drum up business, in March 2015, it ran the following ad in the Moultrie, Georgia…

Twitter Defeats ISIS “Material Support” Lawsuit Again–Fields v. Twitter

As you may recall, this lawsuit relates to two American contractors in Jordan killed in a terrorist attack claimed by ISIS. The plaintiffs sued Twitter for providing material support to ISIS. In August, the judge dismissed the lawsuit on Section…

Court Rejects Effort to De-Index Search Results–Manchanda v. Google

Rahul Manchanda, an attorney, claims he was defamed in Ripoff Reports and elsewhere. In 2013, he obtained a restraining order against some of the authors in New York state court. Manchanda then sought to expand that order to restrain Ripoff…

Conflict of Laws Has Caught Up with Silicon Valley. Now Silicon Valley Needs to Catch Up on Conflict of Laws (Guest Blog Post)

By guest blogger Marketa Trimble On October 24 and 25, 2016, the Center for Internet and Society at Stanford Law School hosted a conference entitled “Law, Borders, and Speech.” The excellent, thought-provoking conference featured panels of U.S. and international speakers, a…

Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk--Airbnb v. San Francisco

Section 230 Ruling Against Airbnb Puts All Online Marketplaces At Risk–Airbnb v. San Francisco

San Francisco wants to curb Airbnb listings. It adopted a license-and-tax requirement for Airbnb vendors (who Airbnb confusingly calls “hosts”). Vendors widely ignored SF’s rules. To minimize its enforcement obligations, SF sought to deputize Airbnb as its enforcement agency. Thus,…

Section 230 Doesn’t Protect Amazon From Products Liability Claims–McDonald v. LG

This case involves an exploding cellphone battery. LG manufactured the battery and an Amazon marketplace vendor Safetymind sold it to the buyer. In addition to suing LG, the injured buyer sued Amazon for negligent failure to warn, negligence, and breach…