Does Two-Factor Authentication Violate the TCPA?--Duguid v. Facebook

Does Two-Factor Authentication Violate the TCPA?–Duguid v. Facebook

Plaintiff sued Facebook alleging TCPA claims on behalf of a putative class. Facebook sends text messages when someone logs in to their account via a new or unrecognized device. Plaintiff was a non-Facebook user who received these messages. Unfortunately, despite…

Court Rejects "Browsewrap." Is That Surprising?--Long v.  ProFlowers

Court Rejects “Browsewrap.” Is That Surprising?–Long v. ProFlowers

Plaintiff ordered “completed assembled” flowers from ProFlowers.com. Rather than being fully assembled flowers, he received a “do-it yourself kit in a box”. He brought a putative class action for unfair competition and CLRA violations. ProFlowers moved to arbitrate based on…

Buyer Wins Dispute Over Earnout For Purchased Websites

Buyer Wins Dispute Over Earnout For Purchased Websites

This is an earnout dispute arising out of Internet Brands’ purchase of the “doityourself.com” website. The website was launched in 1995. By 2006, it averaged 1,770,000 unique monthly visitors and earned almost $1 million in revenues. In December 2006, Internet…

Customer Loses Suit Over Employees' Disparaging Facebook Posts--Howard v. Hertz

Customer Loses Suit Over Employees’ Disparaging Facebook Posts–Howard v. Hertz

This is a case involving allegedly discriminatory and disparaging Facebook posts made by a Hertz employee. A customer (Maurice Howard) alleged that he was the subject of a Facbook posts and comments by Hertz employees. The initial post, by Shawn…

CSS and HTML Code May Be Copyrightable--Media.net v. Netseer

CSS and HTML Code May Be Copyrightable–Media.net v. Netseer

Media.net and Netseer both offer contextual advertising services. Their clients place ad units on their website and, when visitors click on ads, they are taken to a “search results” page. Media.net accused Netseer of copyright infringement and various state law…

Using Scraper to Harvest Records Isn't Fraudulent Access Under CFAA--Fidlar v. LPS

Using Scraper to Harvest Records Isn’t Fraudulent Access Under CFAA–Fidlar v. LPS

Fidlar works with counties to digitize and index land records. It also makes available a software client (Laredo) that allows end users to access these records. Billing is handled by the counties, and counties have monthly access plans. The counties…

Telephony Provider Didn't Properly Form a "Telephone-Wrap" Contract--James v. Global Tel*Link

Telephony Provider Didn’t Properly Form a “Telephone-Wrap” Contract–James v. Global Tel*Link

Plaintiffs filed a putative class over fees paid for calls made by inmates in New Jersey correctional institutions. At issue is whether they should be required to arbitrate their claims. Defendant, GTL, has the exclusive right to provide phone services…

Courtney Love Defeats Twibel Claims--Holmes v. Love

Courtney Love Defeats Twibel Claims–Holmes v. Love

Courtney Love Cobain, tweeting with two twitter users (“fairnewsspears” and “noozjunkie”), stated she: was fucking devasted when Rhonda J. Holmes, Esquire, of San Diego was bought off @FairNewsSpears perhaps you can get a quote Holmes was a lawyer who had…

Hacky Sacker's Publicity Rights Claim Against Energy Drink Tossed--Martin v. 5-Hour Energy Drink

Hacky Sacker’s Publicity Rights Claim Against Energy Drink Tossed–Martin v. 5-Hour Energy Drink

Johannes (Ted) Martin was (and is currently) the world record holder for “most consecutive kicks (no knees)” of a hackysack. A five hour energy drink made an advertisement depicting an unknown actor claiming he performed several superhuman tasks, including breaking…

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

Ninth Circuit Resolves Two of the Facebook Sponsored Stories Lawsuits

The litigation over Facebook’s sponsored stories occurred what seems like eons ago. Recently, the last of it wrapped up (although the latest ruling is the subject of a petition for rehearing en banc). It generated lots of blog fodder, and…