Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm

Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first…

Are You Smarter Than a 2L? (Internet Law Edition)

I created a small number of multiple-choice review questions for the 2015 edition of my Internet Law casebook. Over time, I plan to add many more questions, so this is just a tentative start. Still, for your fun and amusement,…

2015 Internet Law Casebook Now Available

I have posted the 2015 edition of my casebook, Internet Law: Cases and Materials. It’s available in three formats: PDF ($8), Kindle ($9.99) and hard copy ($20 + shipping/tax, and it includes a free PDF on request). The $8 PDF…

Sending Emails Isn't Workplace Stalking--People v. Marian

Do you remember the 1990s debates over whether cyberspace is a “place,” and why that might matter? Yeah, we’re back to that. This case involves N.Y. Penal Law § 120.45(3), which occurs when a person (emphasis added): intentionally, and for…

Clickthrough Agreement Upheld--Whitt v. Prosper

I’m way behind in blogging clickthrough agreement cases, but I’m prioritizing this opinion because of its simplicity. Whitt, who is deaf, sought a loan via a “peer-to-peer lending service” called Prosper. To confirm his identity, Whitt needed to make a…

Troubling Trademark Ruling Over Amazon's Internal Search Results--MTM v. Amazon (Forbes Cross-Post)

When a consumer asks a retailer for a product the retailer doesn’t carry, how should the retailer respond? A recent federal appellate court opinion suggested that Amazon.com gave the wrong answers to consumers searching for a watch brand that it…

Congress Should MOVE To Restrict Employee Non-Compete Clauses (Forbes Cross-Post)

Newly hired employees routinely must accept non-compete restrictions as a condition of employment, but don’t interpret the ubiquity of non-compete clauses as a signal that they are a good idea. By restricting future competition for employees’ labor, employee non-competition clauses…

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

Lawyer Loses License Due To Overzealous Social Media Activism For Client--In re McCool

Raven Skye Boyd Maurer and attorney Joyce Nanine McCool were friends. Raven had a bitter custody dispute with her ex-husband. Among other points of contention, Raven accused her ex-husband of sexually abusing the kids. Raven sought to terminate his parental…

DMCA 512(c) Formalities Strike Again--BWP v. Hollywood Fan Sites

I previously blogged this case, so see my earlier post for background. This week’s ruling focuses purely on the 512(c) safe harbor’s requirement that online services designate an agent for service of notice with the Copyright Office. Defendant #1 can…