Communications & Media Civil Rights Civil Remedies

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Would Texas Law Support Disgorgement of Payments When Plaintiff’s Daughter Makes Comments On Facebook?

In a case that received national attention, on February 26, 2014, a Florida District Court of Appeal held that a plaintiff’s comments to his daughter regarding a settlement with his former employer and his daughter’s...more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Opinion and Order Denying Disclosure of Identity of Anonymous Website Commenters

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Naffe v. Frey, et al.

Reply Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

In his Renewed Motion to Dismiss (“the Motion”), Mr. Frey established that the First Amended Complaint (“FAC”) fails utterly, as did its predecessor, to meet the standards required to sustain a lawsuit under Fed. R. Civ. P....more

Woodbridge Structured Funding, LLC v. Pissed Consumer, et al.

Response Opposing Order to Show Cause Seeking the Identity of Anonymous Website Commenters Pursuant to CPRL 3102

The petitioner sought an order forcing PissedConsumer.com, an Internet message board, to provide— on virtually no notice, and without any notice to the third parties involved — information identifying one or more anonymous...more

Naffe v. Frey, et al.

Brief in Support of Motion to Dismiss First Amended Complaint for Failure to State a Claim (FRCP 12(b)(6))

From the Introduction: This is a motion to dismiss Plaintiff’s First Amended Complaint (“FAC”). In moving to dismiss the first Complaint filed in this action, defendant John Patrick Frey (and former defendant Christi Frey)...more

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

Does the Communications Decency Act Protect Human Trafficking?

The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at...more

If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more

Boarding School Review, LLC v. Delta Career Education Corp.

Reply Memorandum of Law in Support of Motion to Dismiss for Failure to State a Claim under FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Labor Letter - July 2012

In This Issue: - “Here’s Looking At You, Kid” - The EEOC Looks For Beauty Bias By James J. McDonald, Jr. (Irvine) - The EEOC is currently investigating Marylou’s Coffee, a chain of Massachusetts coffee shops, for...more

Federal Court Holds in ADA Suit that Netflix Web Streaming Can Be “Place of Public Accommodation”

A federal district court in Massachusetts has rejected arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (“ADA”), and...more

Ascentive, LLC v. Opinion Corp.

Opinion and Order Denying Preliminary Injunction

Opinion and order denying the motions by Ascentive, LLC and Classic Brands, LLC for a preliminary injunction censoring consumer complaint about the companies on the PissedConsumer.com website. The companies' legal...more

Put Up Your Dukes: Supreme Court Hands Advertisers New Weapons to Fight Spurious Class Actions

Employers are heralding the U.S. Supreme Court's decision this week in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __, No. 10-277 (June 20, 2011), which decertified a class of 1.5 million current and former Wal-Mart employees....more

THE LAW OF UNINTENDED CONSEQUENCES

SUPER INJUNCTIONS, TWITTER, THE PERCEIVED IMPOTENCE OF THE ENGLISH COURTS IN THE U.S. AND SCOTLAND, CRISES IN THE CONSTITUTIONAL SETTLEMENT..... Every day sees a new twist in the ongoing media driven frenzy. For once, this...more

Hall v. LipstickAlley.com

Response to order to show cause why Lipstick Alley should not be ordered to identify anonymous user

Paul Levy of Public Citizen is the primary author of this brief. This description is taken from Public Citizen's website (http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=655). Jermaine Hall, the...more

Employment Law Alert - November 2010

In This Issue: Final Regulations Published for Genetic Information Non- Discrimination Act By: Jeffrey M. Schlossberg As described in RMF's May 2008 Employment Alert, the Genetic Information Nondiscrimination Act (GINA)...more

COICA: Big IP "supersizes" it

The proposed new IP-enforcement law, COICA, is meant to be address a very real problem. But it threatens to cause its own set of new problems, and ignores the real reform of IP law that Congress continues to sidestep in...more

Software Research Group, Inc. v. WWW.PISSEDCONSUMER.COM

Memorandum of Law in Support of Defendant Opinion Corp.'s Motion to Dismiss the Complaint

This was a lawsuit consisting of five different versions of a defamation claim, brought against a website and an unknown number of anonymous defendants. The website, called PissedConsumer.com, was operated by movant, Opinion...more

I CAN see you: Harassment and Stalking on the Internet

Published in Information and Communications Law, Routledge It is an inevitable consequence of plausible anonymity and deliberately lax regulation that the potential for ‘virtual’ harassment or...more

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