Yellow Pages Companies Challenge Seattle Opt-out Ordinance on First Amendment Grounds
[Post by Venkat Balasubramani] Dex Media West, Inc., et al. v. City of Seattle, et al., Case No. 10-cv-01857 (W.D. Wash. complaint filed Nov. 15, 2010) In what many will probably characterize as a dinosaur’s last gasp litigation strike, two…
Private Employers and Employee Facebook Gaffes [Revisited]
[Post by Venkat Balasubramani] I posted about a Wall Street Journal article highlighting supposed legal landmines facing private employers who discipline their employees for Facebook gaffes. (“Do Employers Really Tread a Minefield When Firing Employees for Facebook Gaffes?“) I asked…
Class Action Brought by “Lonely and Vulnerable” Men Against Online Cupid Site Moves Forward — Badella v. Deniro Mktg.
[Post by Venkat Balasubramani with some comments by Eric] Badella v. Deniro Marketing LLC, 10-03908 CRB (N.D. Cal.; Jan 24, 2011) This is a good one. A group of plaintiffs brought a putative class action against an online dating website…
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…