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Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation...more

Keeping Privates Private: The Legal Landscape of Revenge Porn

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and...more

Back From The Land Of Trial Mode: January Quicklinks

There has not been much activity on the blog because we have been engaged in a long copyright and misappropriation of trade secrets trial. So, we share with you some of the articles we have been reading, but just haven’t had...more

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows...more

Magistrate’s Issuance of Warrant Demonstrates that Officers’ Actions are “Objectively Reasonable” and Thus Entitled to Qualified...

A man brought a lawsuit against police officers alleging violations of his Fourth Amendment rights. The officers conducted searches of his car, home, and workplace in connection with allegations that he disseminated indecent...more

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

Photographers’ Rights in California

What rights do a photographer have to take a photo and what limits may law enforcement or the courts impose on those rights? The courts in California have not clearly defined these rights. However, some guidance can be...more

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

Law Allowing Police To Confirm Texting While Driving In Alabama?

A bill recently introduced in another state is being considered in Alabama also. The proposed legislation would allow police to take cellphones from the parties involved in accidents to check and verify if the person was...more

In camera review required for discovery records protected by constitutional right of privacy – James v. Veneziano

In this car accident case, the plaintiff sought defendant’s medical records for the past 10 years based on the belief that the defendant’s medical problems caused the car accident. The trial court ordered the defendant to...more

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights. A.B., the...more

Data Protection and Privacy in China - March 2012

China does not currently have a comprehensive legal framework to regulate the use and disclosure of personal data or a national level law that delineates how a company can legally collect, process and retain personal data....more

Entertainment Litigation Update

In This Issue: Supreme Court Strikes Down Law Prohibiting Sale of Violent Video Games to Minors; The Hurt Locker; and In Re NCAA Student-Athlete Name. Supreme Court Strikes Down Law Prohibiting Sale of Violent Video...more

Il diritto all'identita personale

Il diritto all'dentità personale. Studio di D.Minussi...more

Former Student Athletes’ Right of Publicity and Antitrust Claims Will Proceed Against the NCAA and Electronic Arts

Closely watched class action lawsuits by former student athletes against the National Collegiate Athletic Association “NCAA”), its licensing arm, the Collegiate Licensing company (“CLC”), and the popular video game maker,...more

Habush Habush & Rottier vs. Cannon & Dunphy

Habush v Cannon - Judge Charles Kahn Summary Judgment Decison.pdf

This is the Court Decision finding in favor of the defendants' Motion for Summary Judgment in the Habush Habush & Rottier vs. Cannon & Dunphy "Invasion of Privacy" lawsuit. The case involves internet-based marketing...more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

Survey Of West Virginia Employment Privacy Law

GENERAL COMMENTS West Virginia has a two-tiered court system consisting of circuit courts at the trial level with only discretionary appeal to the West Virginia Supreme Court of Appeals. There is no intermediate court of...more

Boxing Promoter Don King K.O.'d in Florida Appellate Court on Defamation Claims

ESPN, Inc. put legendary boxing promoter Don King down for the count this summer when a Florida appellate court upheld summary judgment in favor of the sports media giant on King's defamation claims in Don King Productions,...more

USA Technologies, Inc. v. John Doe et al.

USA Technologies, Inc.'s Objections to Evidence Submitted By John Doe, A.K.A. Stokklerk, With Its Reply Brief

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

USA Technologies, Inc. v. John Doe et al.

Defendant-Movant John Doe "Stokklerk"'s Reply in Support of Motion to Quash the Subpoena to Yahoo! Inc. Seeking Identity...

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

USA Technologies, Inc. v. John Doe et al.

Order

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

USA Technologies, Inc. v. John Doe et al.

USA Technologies Inc.'s Opposition To Defendant John Doe, A.K.A Stokklerk's Motion to Quash the Subpoena to Yahoo! Inc. Seeking...

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

USA Technologies, Inc. v. John Doe et al.

Notice of Motion and Motion of Defendant-Movant John Doe "Stokklerk"'s Motion to Quash the Subpoena to Yahoo! Inc., Seeking...

In August of 2009, Pennyslvania-based company USA Technologies filed a federal lawsuit against two Yahoo! message board posters who roundly criticized what they claim is the the consistently poor performance of USA...more

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