E-SIGN Prevents Enforcement of Emailed Contract Terms–Buckles v. Investordigs
…breach of a lease agreement, unjust enrichment and accounting. In response, the company and individual defendants asserted counterclaims for breach of contract, unjust enrichment, negligent misrepresentation, breach of fiduciary duty…
Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
…still be liable for breach of contract. The footnote does not mention claims under the Computer Fraud and Abuse Act.] Ultimately, the court leaves Facebook room to still make out…
Online Video Publisher Learns Why You Should Register Your Copyrights Early–LTVN v. Odeh
…deal in the first place. Most of the plaintiff’s other claims are preempted by federal copyright law. The Lanham Act false designation of origin was preempted per Dastar. The breach…
AOL’s Disclosure of Search Data May Support Claims Under California Law
…policy is not actionable in the typical consumer context. (See for example: “When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue;” “9th Circuit Affirms…
Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.
…sell, and trade options to purchase tickets to sporting events.” Plaintiffs who attempted to purchase tickets to the 2009 Super Bowl brought claims alleging fraud and breach of contract. FirstDIBZ…
Recent Anti-SLAPP Developments
…the parties disputed the public interest of the blog. The court concludes that the blog satisfied the standard because: the blog addressed issues ranging beyond the specific wrongs and breaches…
The FTC Dings Twitter’s Security Practices — What Does This Mean for Everyone Else?
…breaches where hackers gained “unauthorized administrative control of the Twitter system.” In the first incident, hackers gained control of 35 high profile Twitter accounts, including the accounts of Bill O’Reilly,…
Google Street View Litigation Mania–Seven Class Action Lawsuits and Counting
…assume Google captured their clients’ payload data…did they? Finally, it will be interesting to see how these cases will be affected by the countervailing legal trends requiring privacy breach victims…
Google Sued for Click Fraud for the First Time in Years–123 Lock and Key v. Google
…breach of the mandatory venue clause by initially suing it in the wrong jurisdiction (see, e.g., the Flowbee counterclaim). It would not surprise me if 123 Lock ends up writing…
9th Circuit Affirms Rejection of Data Breach Claims Against Gap — Ruiz v. Gap
…of credit monitoring, or demonstrate why it was insufficient.) Breach of Contract: With respect to the breach of contract claim, the court held that controlling 9th circuit authority holds that…