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So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

QVC Sues Shopping App for Web Scraping That Allegedly Triggered Site Outage

Operators of public-facing websites are typically concerned about the unauthorized, technology-based extraction of large volumes of information from their sites, often by competitors or others in related businesses. The...more

Plaintiff’s Law Firm Steps Up Actions Against Bitcoin-Related Companies: Crypto Currency Exchange and Founder Sued for “Theft” of...

According to a complaint filed in a Florida court, a Cryptsy account holder is claiming that Project Investors, Inc. (dba Cryptsy) and its founder and CEO should be held liable for Bitcoin allegedly stolen from his Cryptsy...more

Will your errors and omissions policy pay your defense costs?

The hypothetical - HealthPayPlus (HPP) designs custom record management systems for large hospital systems. HPP developed a system for Research Hospitals of America (RHA) that HPP promised would revolutionize RHA’s...more

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

CYBER INSURANCE 101: Coverage Issues Related to Cyber Attacks and Cyber Insurance

The Rise of Cyber Attacks - On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

Cyber Law Tracker: Recall Total v. Federal Ins. Co. – No Coverage for Data Breach under Commercial General Liability Policy

On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more

Privacy & Cybersecurity Update: Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response

The media is replete with reports of a botnet onslaught paralyzing Spamhaus, flaming worms usurping strategic information in the Middle East and a stuxnet super weapon wreaking physical damage to Iran’s nuclear reactors....more

Business Tort Suit Brings Sanctions

Virginia’s business-friendly laws and precedents provide employers with powerful remedies and employees with effective deterrents against wrongful conduct in business affairs. As a Fairfax Circuit judge has recently...more

U.S. Proposal for Federal Privacy Breach Notification Law: Whither Canada?

The U.S. Senate is considering a new U.S. federal privacy breach notification law, entitled The Data Security and Breach Notification Act of 2012. The Bill is currently before the Committee on Commerce, Science and...more

A Multidisciplinary Approach To Trade Secret Protection in the Digital Age

Law and Business Between James Bond’s brand of espionage and the emotional reaction when someone trained and trusted leaves and goes to work in competition lie most fact situations that give rise to trade secret...more

The New Wave of Cyber-Crime Facing Retailers

Retailers are under attack from a new wave of low-tech, hightech criminals. These second-generation cyber-criminals are not necessarily the genius-hacker-types popularized by Hollywood in tag lines such as “Log on. Hack in....more

Federal Lawsuit Alleges Infringement of Minors' New York Right of Publicity by Facebook "Like" and "Friend Finder" Features

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the...more

Computer Fraud & Abuse Act: Eleventh Circuit Finds Employer’s Policy Defines Limits of Employee's Authorized Access

Time and time again, this blog has outlined the ongoing debate in the courts over whether the federal Computer Fraud & Abuse Act (“CFAA”) applies in the context of departing employees. Namely, federal courts differ over...more

Court Refuses to Dismiss Tort and Defamation Claims Against Authors and Publisher of Book About Cryonics Organization

On October 29, 2010, Justice James A. Yates refused to dismiss tort and defamation claims, among other claims, against the authors and the publisher of a book about Alcor Life Extension Foundation, Inc. (“Alcor”). Alcor Life...more

Ohio District Court Allows Database “Scraping” Case To Proceed On A Variety Of Legal Theories

Recent years have seen the growth of online data sources, such as online databases, ecommerce catalogs, and social networking sites, and associated services and applications. This growth has been accompanied by a...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Motrin Ad Gives Moms a Headache *Spam Response Rate Is Low, but Still Worth the Effort *Targeted Ad Service Sued for Privacy Violations *Court Stops Sale of Keystroke Tracking Software *Microsoft...more

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