Non-Compete Applies To Facebook Page for Unlaunched Business--Joseph v. O'Laughlin

This is another case where the defendant allegedly solicits customers or employees over social media in the face of a restrictive covenant. We recently blogged a couple of cases involving solicitations over LinkedIn. This case involves solicitations over Facebook. O’Laughlin…

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Griffith blogs at the Lumberton Informer. He has criticized Wall, Lumberton’s municipal clerk. The blog allows anonymous comments, and Wall claimed…

Section 512(f) litigation has resulted in so much futility that it’s big news when a 512(f) complaint even survives a motion to dismiss. In this case, Johnson allegedly displayed copyrighted photos and videos of Paula White Ministries (the court implies…

Robins v. Spokeo is a putative class action that looked like it would examine the contours of Article III standing. The Supreme Court remanded to the Ninth Circuit so it could take a second look as to whether Spokeo’s allegations amounted…

[By guest blogger Russell A. Miller, the JB Stombock Professor of Law at Washington & Lee University, where his teaching and research focuses on German law and legal culture. He is the co-founder and Co-Editor-in-Chief of the German Law Journal. He has…

Have you ever looked at Zillow’s zestimate for your residence? I treat zestimates as entertainment more than truth, much like going to an astrologer. But if the zestimate is way below a property’s listing price, that’s going to spook some…

Plaintiff Matt Hosseinzadeh published a video skit featuring the “Bold Guy” character, “Bold Guy vs. Parkour Girl” video. Ethan and Hila Klein created a “reaction video” to it. Hosseinzadeh’s video is five minutes and twenty-four seconds. The Kleins used three…

Backpage Executives Must Face Money Laundering Charges Despite Section 230--People v. Ferrer

Yesterday, a California superior court judge dismissed pimping charge (due to Section 230) but did not dismiss money laundering charges against three Backpage executives. This ruling has potentially significant consequences for Backpage and its executives, the pending Congressional bills to…

Browsewrap/Clickwrap Distinction Vexes Another Court--Nevarez v. Ticketmaster

We just blogged about online contract formation yesterday, but it’s worth revisiting the topic so quickly because this case demonstrates another crash-and-burn failure of the browsewrap-clickwrap dichotomy. How many times must the “wrap” categorization fail before judges recognize that it’s…