Mark Sableman

Mark Sableman

Thompson Coburn LLP

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Latest Publications


Higher ed faces ADA challenges over accessibility of university websites

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

8/4/2016 - ADA Class Action Colleges E-Commerce Equal Access Higher Education Act Public Accommodation Terms and Conditions Title III Truth in Consumer Contracts Laws Universities Websites

Political campaigns face copyright and robocall liabilities

Though it seems to come as a surprise to many of them, politicians — even presidential candidates — have to live with the same intellectual property and communications laws that bedevil the rest of us....more

7/26/2016 - Copyright Copyright Infringement Copyright Litigation Damages License Agreements Music Music Industry Political Campaigns Presidential Elections Robocalling TCPA Telemarketing Trademark Infringement

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

7/12/2016 - Consent Convictions Facebook Fourth Amendment Harassment Invasion of Privacy MySpace Privacy Settings Reasonable Expectation of Privacy Social Media Totality of Circumstances Test

Trade secrets law in the Internet age

How do you maintain a trade secret in the Internet age? As in the punch line to an old joke, “VERY CAREFULLY.”...more

7/1/2016 - CA Supreme Court Decryption Defend Trade Secrets Act (DTSA) DVDs First Amendment Free Speech Injunctions Internet Public Disclosure Trade Secrets Twitter UTSA

Is everyone’s website illegal?

Your website consists of visible text and graphics, geared to the sighted reader. Its terms and conditions include legal disclaimers and limitations of liability, which, it explains, apply unless they are specifically...more

5/7/2016 - ADA Class Action Disclaimers Internet Limitation of Liability Clause Popular Public Accommodation Terms and Conditions Websites

Electronic marketing’s Internet twist: Use e-mail, not faxes or texts

The name of the CAN-SPAM Act scares some people. They think it severely regulates, or maybe even prohibits, e-mail marketing. In a somewhat surprising twist of Internet law, however, e-mail marketing is less heavily regulated...more

3/15/2016 - Anti-Spam Legislation CAN-SPAM Act Canada CASL Email FCC Internet Marketing TCPA Telemarketing Unsolicited Faxes

Rapper rumble leads to legal rumble over use of tweet

If you have any remaining doubts that even tiny tweets can lead to major litigation, consider the “Ri-Ri’s Rumble” case. The case has everything: rappers, Rihanna, an eruption at a nightclub and the threat (or maybe...more

2/8/2016 - Libel Misleading Impressions Omissions Reputational Injury Social Media Twitter

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

1/25/2016 - Email FTC Internet Privacy Invasion of Privacy Reasonable Expectation of Privacy Young Lawyers

Will the Zippo sliding scale for Internet jurisdiction slide into oblivion?

Though Internet communications seem to occur in a mystical electronic ether (which we once called cyberspace), authors of Internet messages can be held accountable for them in that very traditional physical place known as a...more

1/12/2016 - Cloud Computing Corporate Counsel Defamation Internet Jurisdiction Minimum Contacts Websites Young Lawyers Zippo

Agencies’ experts make privacy regulation a serious threat

Now it is the time to get smart about privacy and technology, because your government regulators are smart and savvy in those areas. No, that’s not a misprint. Though government regulators are often far behind on the...more

12/9/2015 - Class Action Data Privacy FCC FTC Google Personal Data Privacy Policy


In a world where people go online to tell friends and strangers alike how they feel about everything from their newest mobile device to a restaurant down the street, it’s tough to know why opinions are shared in social media....more

9/23/2015 - Disclosure Requirements False Advertising FTC FTC Endorsement Guidelines Hashtags Online Endorsements Pinterest Social Media Unfair or Deceptive Trade Practices Xbox

Can you be sued for posting your opinions on the Internet?

A restaurant tells customers it may sue them if they post unfavorable reviews on the Internet. A flooring company sues a customer who complained on social media that he had an “absolutely horrible experience” with the...more

9/8/2015 - First Amendment Free Speech Libel Online Reviews Statement of Opinion Terms and Conditions

The changing faces of facial recognition

The new technology of facial recognition is starting with a smile. But as it develops, people may begin picturing it with a frown, or maybe a furrowed brow....more

8/11/2015 - Biometric Information Facial Recognition Technology FTC GAO Photographs Privacy Concerns Reasonable Expectation of Privacy Social Media

Duke of Brunswick rule strikes out for Internet lawsuits

If you publish something on the Internet, would it be fair if someone could sue you for it many years later? Of course not. Because of statutes of limitation, a claimant has only a limited time period after any...more

7/30/2015 - Internet Libel Publication Requirement Single Publication Rule Statute of Limitations

Web trademarks: It's not the words, it's the action

In the old days, you obtained nationwide priority for your trademark only through federal registration. But does the Internet now give you an easier path to nationwide priority, just by posting your mark on a nationally...more

7/2/2015 - Intent-to-Use Popular Trademark Registration Trademarks Websites Young Lawyers

The evolving story of cameras in court

For a few days in June and July 2015 — like June and July most years — national attention will focus on the Supreme Court, and its most awaited decisions. This year it is same-sex marriage, and the fate of Obamacare, but...more

6/13/2015 - Internet Internet Streaming Journalism SCOTUS

Busting the top privacy myths

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington,...more

2/26/2015 - Big Data Data Collection Facebook Internet Privacy Policy Websites

An inside look at how Spain’s copyright law targets Google and other news aggregators

News aggregation services, particularly Google News, appear to be under attack in several European countries. Belgium, Germany, and most recently Spain have tried to limit Google’s ability to aggregate news from news media...more

2/10/2015 - Content Aggregators Copyright Copyright Infringement Google Internet Royalties

Missed Davos? Catch up online with the forum’s top Internet issues

If you care about the latest in Internet policy, you probably wish you were side by side with industry and world leaders at the World Economic Forum in Davos, Switzerland — maybe participating in a panel with Bill Gates,...more

1/22/2015 - Cybersecurity Data Collection Internet Privacy Laws Professional Conferences Search Engines Technology

Top five shifts in Internet law in 2014

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

12/30/2014 - Barnes and Noble Browsewrap Agreement Clickwrap Agreements Copyright Corporate Counsel Data Collection Fair Use Google Books HathiTrust Keyword Advertising Mobile Devices Mobile Privacy Online Advertisements Popular Terms of Use Websites

Certifying privacy compliance: Is TRUSTe sufficiently trusty?

People concerned about privacy often ask, “Who can you trust?” And thus it’s worrisome when even a trusted intermediary — indeed, a privacy certification provider named for trust, TRUSTe — turns out to have a trustworthiness...more

11/26/2014 - Certifications COPPA FTC Non-Profits Privacy Policy Settlement

The big data security risks of little things

We've focused so much about Big Brother and Big Data that we may be missing the real data security threat — little things. A tremendous data flow is being generated from the so-called Internet of Things, the interconnected...more

11/13/2014 - Big Data Cybersecurity Electronic Devices Internet of Things Internet Privacy Mobile Devices Mobile Privacy NIST Popular Wireless Devices

What are you giving up when you click a click-through contract?

Here are some of the things people consent to when they click on "I agree"... ?That all disputes will be heard and decided in the courts of King County, Washington, ?That they accept the app or service...more

10/29/2014 - Click-Through Nexus Contract Formation Internet Websites

New copyright compendium provides some answers for website owners

If you are looking for answers to copyright questions, the Copyright Office’s newly issued 1,222-page “Compendium of U.S. Copyright Office Practices” might seem like a good resource. The book, issued on August 19, 2014, to...more

9/9/2014 - Copyright Copyright Office Internet Websites

Copyright and performance rights in an online video world

We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more

8/28/2014 - Appeals Contract Interpretation Copyright DMCA Online Videos Popular Public Performance Rights Takedown Notices

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