Announcing the Second Edition of "Advertising & Marketing Law: Cases and Materials" by Tushnet & Goldman

Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….

Does Yelp Have The 'Most Trusted Reviews'? A Court Wants To Know More (Forbes Cross-Post)

Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)

Few online algorithms generate as much criticism as Yelp’s algorithm for filtering its users’ reviews, but Yelp has so far successfully avoided a serious legal challenge to its filter. Recently, a California appellate court green-lighted a lawsuit over how Yelp…

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

Privacy * Snapchat’s basic value proposition (“Disappearing digital photos”) has been deceptive from the beginning. The FTC busted them for it. (I saw James Grimmelmann added this to his Internet Law casebook. We’ve also added it to our Advertising Law…

Lawsuit Over Google’s Unified Privacy Policy Pared Down, But Two Claims Survive

Lawsuit Over Google’s Unified Privacy Policy Pared Down, But Two Claims Survive

This is a lawsuit against Google for “commingling user data across different Google products.” Under the policy in effect before March 2012, information collected in one particular Google product was not automatically combined with information from another product. This changed…

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Lawyer’s Suit Over “Professional Recognition” Spam Flops

Say you’re a lawyer and you receive a promotional email intimating that you’re one of the “Top Lawyers in California.” You probably just delete it and move on, right? That would be too easy. Nicholas Bontrager sued Showmark alleging that…

Are We Going To See An Explosion Of Food Labeling Lawsuits?--POM v. Coca-Cola (Forbes Cross-Post)

Are We Going To See An Explosion Of Food Labeling Lawsuits?–POM v. Coca-Cola (Forbes Cross-Post)

POM, the pomegranate juice maker, is unhappy that Coca-Cola sells a Minute Maid “Pomegranate Blueberry Blend of 5 Juices” that contains only 0.3% pomegranate juice and 0.2% blueberry juice. Even though Coca-Cola apparently complies with Food and Drug Administration (FDA)…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

This is a lawsuit alleging that LinkedIn improperly mined users’ contact lists and sent them repeated invitation emails. While Judge Koh eliminated the Stored Communications Act and California anti-hacking statute claims, a chunk of the lawsuit remains. Harvesting contact lists…

Path May Be Liable for Text-Spamming Users' Contact Lists

Path May Be Liable for Text-Spamming Users’ Contact Lists

Sterk, of Sterk v. Redbox fame, sued Path, alleging that he received unsolicited marketing texts from Path. The court declined Path’s request to stay the case in favor of FCC proceedings, and the parties filed summary judgment motions on the…

CAN-SPAM Preemption Doesn't Apply To Fraud...And More

CAN-SPAM Preemption Doesn’t Apply To Fraud…And More

This a spam case. Plaintiff sued, alleging violations of California’s spam statute with respect to 49 emails. Plaintiff alleged that defendants: register[ed] its domain names used to send spams to unregistered fictitious business names claiming their addresses to be boxes…

Hulu Unable to Shake Video Privacy Protection Act Claims

Hulu Unable to Shake Video Privacy Protection Act Claims

Plaintiffs were Hulu Plus subscribers who alleged that Hulu improperly disclosed their personal information to third parties (comScore and Facebook) in violation of the Video Privacy Protection Act. On Hulu’s motion for summary judgment, the court grants it as to…