Mark Sableman

Mark Sableman

Thompson Coburn LLP

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How to combat the risks of impersonation emails, imitative domains

Amid the headlines and legitimate concern about massive data breaches, we too often overlook the danger of targeted fraudulent emails, and imitative domain names and websites....more

10/14/2016 - Cyber Attacks Cybersecurity Cybersquatting Data Breach Domain Names Email Malware Spoofing

Securing assent: The Internet twist of electronic contracts

If any area of the law could be shielded from the all-consuming influence of the Internet, it ought to be the age-old law of contracts. Nothing about the Internet changes basic elements of contract law, like requirements of...more

10/11/2016 - Consumer Contracts E-SIGN Oral Contracts UETA

Beyoncé’s copyright case was destined for dismissal

For an entertaining education in how to analyze copyrightable similarity, you can’t do much better than U.S. District Cout Judge Jed S. Rakoff’s decision in Fulks v. Knowles-Carter (which you may wish to think of as Fulks v....more

9/30/2016 - Audio Recording Beyonce Copyright Infringement Young Lawyers

The serious security vulnerabilities of mobile devices

If you have wondered about security threats to your mobile device, a recent report of the National Institute of Standards and Technology may answer some of your questions — and increase your fears. The report,...more

9/28/2016 - Cybersecurity Data Security Mobile Devices NIST Popular Supply Chain

In Pegasus-related copyright suit, judge sidelines as art critic

The analysis in an art copyright case can sound like a class discussion in Art Appreciation 101. Take the case of Croak v. Saatchi & Saatchi, which could also be called Pegasus I v. Pegasus II....more

9/20/2016 - Copyright Motion to Dismiss Pegasus Toyota

FTC sets new standard for mobile app location tracking – indirectly

If you have wondered how users' physical locations can be tracked when they use mobile devices, a new white paper explains the process. It's actually an FTC complaint, and thus a white paper only indirectly. But...more

9/14/2016 - Advertising APIs COPPA FTC Geolocation iPhone Tracking Location Data Mobile Apps Popular Tracking Systems Wifi

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

#ILoveThisProduct!

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

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