Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?

[Post by Venkat Balasubramani] I’m not sure why, but this Wall Street Journal article (“Can Employers Fire Over Facebook Gaffes?“) screamed out for a comment. Maybe this is just a case of headline puffery, but the idea that there is…

Ex-Employees Awarded $4,000 for Email Snooping by Employer — Pure Power Boot Camp v. Warrior Fitness Boot Camp

[Post by Venkat Balasubramani] Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC, 08-civ-4810 (S.D.N.Y.; Dec. 22, 2010) Email snooping and computer fraud statutes (Stored Communications Act; Computer Fraud and Abuse Act) are starting to play a starring…

Internet-Proofing your Cease and Desist Letter [Revisited]

[Post by Venkat Balasubramani] I blogged some time ago about steps you can take to “‘Internet-Proof’ Your Cease and Desist Letter.” Here’s what happens when you don’t. The law firm Lazar, Akiva & Yagoubzadeh sent a cease and desist letter…

CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick

[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. Valueclick, Inc., et al., B218603 (Cal. Ct. App.; Jan. 18, 2011) A California appeals court weighed in on a long-running debate: whether CAN-SPAM preempts California’s spam statute. This…

Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah

[Post by Venkat Balasubramani] Microsoft Corp. v. Shah, et al., C10-0653 (W.D. Wash.; Jan. 12, 2011) WSJ’s Law Blog reports that Judge Martinez in the Western District of Washington (Seattle) issued an order allowing Microsoft to proceed on a novel…

What State Does the Harm Occur in When Adulterous Lovers Text and Email Each Other Across State Lines? — Knight v. Woodfield

[Post by Venkat Balasubramani] Knight v. Woodfield, No. 2009-IA-01371-SCT (Mississippi; Jan 6, 2011) Personal jurisdiction questions in cyberspace have been pretty well hashed out over the last ten years, and it’s tough to tell whether recent cases are breaking any…

Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade

[Post by Venkat Balasubramani] In re TD Ameritrade Accountholder Litigation, 07-2852 (N.D. Cal.; Dec. 20, 2010) (Order granting preliminary approval of settlement) A class action lawsuit arising out of a TD Ameritrade data breach looks like it’s winding its way…

TweetPhoto (now Plixi) To Start Charging For Twitter Celeb’s Pics

[Post by Venkat Balasubramani] I posted last week about the AFP/Morel Haiti photo debacle where the court rejected AFP’s arguments that it had a license to photos posted to Twitpic by virtue of the Twitter & Twitpic terms of service….

Contrary LinkedIn Evidence Crushes Witness’ Testimony — Blayde v. Harrah’s Entertainment

[Post by Venkat Balasubramani] Blayde v. Harrah’s Entertainment, 08-cv-02798 (W.D. Tenn.; Dec. 17, 2010) By my guesstimate, LinkedIn ranks last among the major social networks for being invoked as a source of evidence in court cases. MySpace is the runaway…

Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar

[Post by Venkat Balasubramani] Ferron v. Echostar Satellite LLC, 09-4407 (6th Cir.; Dec. 28, 2010) Ferron brought claims against Dish Network and its retail and marketing partners alleging that he had been deceived by the terms of email offers sent…