Ohio Appeals Court: GoDaddy can be Held Liable for Wrongly Transferring Control Over Domain Name and Email Accounts — Eysoldt v. ProScan
…taken in data breach cases and require any showing of out-of-pocket loss. The likely explanation for this is that the plaintiff here asserted claims under the “intrusion” theory, where the…
College Course Description Aggregator Loses First Round in Fight Against Competitor in Scraping Case — CollegeSource v. AcademyOne
…injunction based on its breach of contract and unjust enrichment claims, and based on false advertising premised on statements in the letters sent to colleges by AcademyOne. Breach of contract…
Facebook User Loses Lawsuit Over Account Termination–Young v. Facebook
…bipolar individuals discimrinatorily or that Facebook’s policies targets disabled individuals. Young’s breach of contract claim fails because Young never specifically identified a breach, and her negligence claim fails because he…
Facebook Scores Initial Win Against Privacy Plaintiffs Over Data Leakage Claims — In re Facebook Privacy Litigation
…Claridge v. RockYou, where this theory seems to have first been given credit for standing purposes: “Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach…
The FTC’s Proposed Settlement With Google Over Buzz Privacy Breaches
…Facebook and Apple and other leading Silicon Valley Internet companies–the FTC *will* be calling at some point based on some “technical” breach of the FTC Act, looking to put you…
Acknowledging Receipt of an Email Doesn’t Form a Contract–Stebbins v. Wal-Mart
…against me, for all eternity.” The “for all eternity” duration raises some interesting questions about post-mortem breach and enforcement. I also liked this line: “If you even so much as…
A Look at the Commercial Privacy Bill of Rights Act of 2011
…a nod to avoiding a “patchwork of inconsistent standards and protections.” The Bill’s preemption clause carves out (1) state laws addressing “health or financial information,” (2) state data breach notification…
Bulk Emailers (Mostly) Lose Three 47 USC 230(c)(2) Rulings–Holomaxx v. Microsoft/Yahoo & Smith v. TRUSTe
…Thus, the court dismisses Cisco, noting: The Court notes that Plaintiff’s breach of contract and defamation claims are dismissed because they specifically relate to Cisco’s SenderBase service. Plaintiff defamation claim…
Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
…policy is even a contract that can support a breach of contract action (“When Does a Privacy Policy Breach Support a Breach of Contract Claim?“), but courts lately don’t think…
Court Smacks Down Lawyer Who Tries to Enforce Copyright in 23 Word Email — Stern v. Does
…arguing infringement – i.e., recipients had a license to access and use the material posted on the listserv in accordance with the listserv terms, and forwarding the email in breach…