Why I’ve Paused My Blogging at Forbes
Four years ago, I joined Forbes’ “contributor” program, which lets independent authors publish/blog through Forbes’ network without editorial pre-review. Jonathan Glick at Re/Code called these programs “platishers”, a portmanteau of…
An Assessment of the Anthem Data Breach Litigation Rulings (Guest Blog Post)
…Act, Georgia Code Ann. § 33-39-14. Because a statutory prohibition against disclosure is not violated through merely negligent retention, the court dismissed with prejudice. California UCL The claims for unfair…
Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce
…coupons,” “edible arrangements promotional code,” “edible arrangements bouquet,” “edible arrangements flowers,” “cheap edible arrangements,” “edible arrangement discount,” and “incredible edible arrangements.” (The court doesn’t discuss broad matching, but Provide could…
A Tale of Two Spokeos
…Supreme Court advised, disclosure of an incorrect zip code is not a concrete Article III injury, then even less so is Hancock and White’s naked assertion that a zip code…
Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman (Guest Blog Post)
…part of the criminal code). This seems to me to be a needlessly rote approach to statutory interpretation. Defining the scope of criminal liability is a good time for courts…
“Modified Clickwrap” Upheld In Court–Moule v. UPS
…Per California Civil Code § 1670.5(a), rather than letting those two unconscionable aspects doom the contract entirely, the court severs those aspects and deems the remainder of the contract enforceable….
Q2 2016 Quick Links, Part 2 (Terrorism Content, Hate Speech, Thiel/Gawker, Censorship & More)
…lewd and lascivious act upon a child under 14 years old, in violation of Penal Code sections 664, subdivision (a) and 288, subdivision (a) (count 1), and attempted contact with…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
…use of metatags in source code could constitute a violation of the Lanham Act where such use might lead consumers from the trademark holder’s website to the website of a…
Announcing the 2016 Edition of ‘Internet Law: Cases & Materials’
…Trespass/Computer Fraud & Abuse Act Review: the Computer Fraud & Abuse Act, 18 U.S.C. §1030 [http://www.law.cornell.edu/uscode/text/18/1030], and California Penal Code §502 [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9] Comparison of Trespass to Chattels Doctrines 93 Intel…
Will the Spokeo v. Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? Uh…
…reports may not result in a harm. The court expresses particular skepticism about dissemination of an incorrect zip code: [i]t is difficult to imagine how the dissemination of an incorrect…