New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 1 (Guest Blog Post)
…his consent by another as an advertisement” is an invasion of “the right of privacy.” Pavesich v. New England Life Insurance Co., 122 Ga. 190, 220, 50 S.E. 68 (1905)….
The Ninth Circuit’s Confusing Ruling Over Snapchat’s Speed Filter–Lemmon v. Snap
…depend on third-party content. If the plaintiff’s goal is to reach third-party content, Section 230 still applies. That makes sense. For example, a data security breach claim isn’t preempted by…
A Roundup of CCPA Court Decisions (I Only Know of 7)
…enforcement actions–a surprising stat given the target-rich enforcement environment. Non-data breach PRA. The CCPA does not authorize PRAs for any statutory violations other than specified data breaches. Some plaintiffs have…
CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v. Walmart
…Hewitt Acxiom Not Liable for Security Breach When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit…
Internet Feuds Are Basically Defamation-Free Warzones–Rapaport v. Barstool
…frankly, are borderline sanctionable.” 🙃] Talent Agreement Breach The Talent Agreement contained a morals clause. Dafuq? Barstool hired Rapaport to sling garbage, yet the contract provides an immediate out if…
Section 230 Preempts Contract Breach Claims–Morton v. Twitter
…Instead, it contractually reserved its discretion. Cite to Caraccioli v. Facebook. That makes Twitter’s policy “merely aspirational statements.” Second, “a breach of contract claim premised solely on Twitter’s failure to…
Another Must-Carry Lawsuit Against YouTube Fails–Daniels v Alphabet
…breach of contract claim. We know this isn’t true. I’ve blogged many cases where Section 230(c)(1) did apply to contract breach claims (and I’ll blog another one soon), including Murphy…
Section 230 (Mostly) Protects Zoom from Liability for Zoombombing
…that Zoom breached contractual duties because these duties are independent of Zoom’s role as ‘publisher or speaker.’” To distinguish between preempted claims over third-party content and unpreempted claims over security…
Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee
…part. Breach of contract: The court comes to the following conclusions with respect to the breach of contract claim and likelihood of success on that claim: Term: Ms. Gutman remained…
Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back
…options does the Church have? If it were not a religious institution, it could assert a breach of contract claim. However, the Court’s decision to abstain makes me think this…