Socially Aware

October 16, 2014 - Litigation
New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?
In a little-noticed decision, Matter of Noel v. Maria , Support Magistrate Gregory L. Gliedman—a Staten Island, New York family court official—recently permitted a father seeking to modify his child support payments to serve process on the child’s mother by sending her a digital
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October 01, 2014 - Employment Law, Litigation
The Death of Courtesy and Civility Under the National Labor Relations Act
In 2012, the National Labor Relations Board (NLRB or the “Board”) found a “courtesy” policy unlawful. Since then, the NLRB has continued to create more and more tension between the National Labor Relations Act (NLRA or the “Act”) and employers’ legitimate interests in maintaining
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September 23, 2014 - Terms of Use, Litigation
To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause
In Kevin Khoa Nguyen v. Barnes & Noble Inc. , 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use
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September 17, 2014 - Litigation
She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”
A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for one of the network’s
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July 20, 2014 - Privacy, Litigation
Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping
By: Aaron P. Rubin
“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in 2013. Websites targeted by scrapers may incur damages resulting from, among
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June 25, 2014 - Copyright, IP, Litigation, Supreme Court
Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away
In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies,
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June 24, 2014 - DMCA, Copyright, Litigation
Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
By: Aaron P. Rubin
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent
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June 08, 2014 - Litigation
Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim
In recent weeks, numerous businesses have received letters asserting that their websites are not accessible to persons with disabilities, in violation of the Americans with Disabilities Act and California’s Unruh Act. These letters threaten litigation and warn of large penalty claims under the Unruh
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May 22, 2014 - Copyright, IP, Litigation, Supreme Court
Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3
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May 20, 2014 - Privacy, Litigation
French Consumer Association Takes on Internet Giants
Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions
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Topic Archives: Litigation

New York Family Court Magistrate Allows Unprecedented Service of Process via Facebook; Will Others Follow?

The Death of Courtesy and Civility Under the National Labor Relations Act

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

By: Aaron P. Rubin

Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away

Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent

By: Aaron P. Rubin

Websites Hit With Demand Letters on Accessibility Issues Despite Courts’ Rejection of Claim

Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.

French Consumer Association Takes on Internet Giants