Thomas Burke

Thomas Burke

Davis Wright Tremaine LLP

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California’s “Online Eraser” Law for Minors to Take Effect Jan. 1, 2015

On Jan. 1, 2015, California’s “Online Eraser” law will take effect, requiring websites and other online service operators to delete on demand any content posted by minors. The law also prohibits such operators from sharing...more

11/18/2014 - Commerce Clause Communications Decency Act COPPA Corporate Counsel First Amendment FTC Internet Service Providers Marketing Minors Personally Identifiable Information Popular Websites

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result...more

5/15/2014 - Data Protection ECJ EU EU Data Protection Laws Google Internet Personally Identifiable Information Right to Be Forgotten Right to Privacy Search Engines

Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more

3/3/2014 - Actors Copyright First Amendment Free Speech Google Online Videos

Ninth Circuit Declines to Reconsider Applicability of Anti-SLAPP Statute in Federal Court

Thanksgiving arrived early for those who use California’s anti-SLAPP statute to fight meritless claims targeting free speech and petition rights. On Nov. 27, 2013, the Ninth Circuit Court of Appeals refused to reconsider its...more

12/4/2013 - Anti-SLAPP Collateral Order Doctrine

New California Law Protects Journalist’ Records Held By Third Parties

Journalists in California must now receive advanced notice if their records are being subpoenaed either directly from them or through a subpoena issued to a third party. California’s new law—an amendment to California Civil...more

10/15/2013 - First Amendment Journalists Notice Requirements Shield Laws Subpoenas

California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on...

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP...more

1/7/2013 - Actual Malice Anti-SLAPP Conservators Defamation Public Officials

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