Lawyer Disciplined for Sending Facebook Message to Adverse Party
…message, and the lawyer who sent the message decided to self-report to the bar. The hearing panel considered whether the lawyer violated Rule 8.4(d) (lawyer may not engage in conduct…
Legal Blog Faces Defamation Liability for Mischaracterizing Prior Legal Proceedings–Huon v. Above the Law
…issues: (1) the risks when reporting on a criminal trial or indictment; (2) risks when reporting on other reporting. A question we often face as bloggers is whether we link…
Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)
…was not attempting to report any news or factual information about Noriega; instead, it was creating a fictional scenario based on his factual activities. Accordingly, as is so often the…
Another Messy Employee-Employer Dispute Over Facebook Page Ownership
…well. Whistleblower Claim: West Virginia’s whistleblower statute protects an employee who reports “wrongdoing or waste . . . to the employer or appropriate authority.” First, while the waste must be…
Q3 2014 Quick Links, Part 2 (Content Regulation)
…e-mail are adequate alternatives. * NY Times: Reddit and 4chan Begin to Button Up * SiliconBeat: Google Will Report Child Porn, Says It Doesn’t Scan Gmail For Other Crimes *…
Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)
…230 protects Yelp from liability for user review. * Larue v. Brown, No. 1 CA-CV 13-0138 (Az, Ct. App. Aug. 19, 2014). Providing substantive updates to a Ripoff Report entry…
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
…1244 (holding that there was no likelihood of “initial interest confusion” because an expert report showed that customers clicked on the defendant’s advertisement only 1.5% of the time that an…
The GOOGLE Mark Isn’t Generic–Elliott v. Google (Forbes Cross-Post)
…survey was poorly constructed and Google’s lawyers eviscerated the report in cross-examination and rebuttal. Meanwhile, Google introduced its own consumer survey showing 94% of consumers identified Google as a brand…
9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands
…Super-User’s Doxxing–Internet Brands v. Jape Another Section 230 Win For Ripoff Report–Torati v. Hodak Software Manufacturer Denied Section 230 Immunity–Hardin v. PDX Facebook Gets Easy Section 230 Win in DC…
California Tells Businesses: Stop Trying To Ban Consumer Reviews (Forbes Cross-Post)
…deposit. Or other businesses, such as KlearGear, have filed negative credit reports against consumers who didn’t pay the fine. A consumer could challenge the security deposit deduction or negative credit…