The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
Podcast: Preventing Injury: A Focus on Distracted Driving
Back to School Safety Tips
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Chiropractic Stroke: Informed Consent
Long-Term Disability Benefit Claims: What You Need to Know
Operating Room Fires: Surgical Fire Malpractice Information
Failure to Diagnose: Time is of the Essence
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Medical Malpractice Law: Orthopedic Malpractice
Attorney Client Privilege
Podcast - Motor Vehicle Coverage Travelling Outside Ontario
Medical Malpractice Law: Infant and Child Death
Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more
..Tale of the tape. Remember the 1980s? Back then, watching a movie on demand meant visiting your local video store and renting the video tape version of the film that you wanted to watch (assuming it was available). During...more
Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes.
The ALRC has recommended (once again), in a recent report regarding the Serious Invasions of Privacy in the Digital Era, that a statutory cause of action for serious invasions of privacy be introduced.
The proposal by...more
..We can work it out. Actress Katherine Heigl and the Duane Reade chain of drugstores have settled a $6 million federal suit filed by Heigl this past April in the U.S. District Court for the Southern District of New York. ...more
It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more
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
Schwarzenegger Sues Over Publicity Rights -
The Governator has filed a $10 million suit alleging that Nevada-based Arnold Nutrition Group “brazenly stole and exploited” his likeness to market its products in...more
FTC Checks-In a Victory in Dispute with Wyndham Over Power to Regulate Data Security -
In a closely watched dispute over the Federal Trade Commission’s (FTC’s) power to regulate data security, a New Jersey federal...more
Associated Newspapers has been ordered to pay three of Paul Weller’s children a total of £10,000 in damages for misuse of private information and breach of the Data Protection Act.
Covertly taken pictures of the...more
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more
Tempted to snoop on someone’s emails; perhaps to gain advantage in a dispute? DON’T DO IT. The Stored Communications Act (“SCA”) prohibits unauthorized access to web-based email accounts.
9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit -
The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more
CaptureIn Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The...more
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
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
On January 16, 2014, the English High Court of Justice issued reasons in Vidal-Hall v. Google Inc. relating to an appeal of a Master’s decision to allow Google to be served outside of the jurisdiction in relation to claims...more
SPECIAL FOCUS: FTC Workshop on Native Advertising – The “Blurred Lines” Remain Fuzzy -
The increased prevalence of online native advertising – commercial content designed with the look and feel of editorial comment –...more
Child-Directed Sweepstakes Ran Afoul of COPPA -
A sweepstakes conducted by a magazine for tween girls raised concerns under the Children's Online Privacy Protection Act, the Children's Advertising Review Unit...more
In the case of Delfi AS v Estonia, the European Court of Human Rights (ECHR) upheld an Estonian domestic court decision to hold Delfi, one of the largest Estonian internet news portals, liable for defamatory comments posted...more
Introducing TCPA Connect -
On October 16, the FCC's updated Telephone Consumer Protection Act (TCPA) regulations finally took effect. The new rules pose significant challenges for companies seeking to communicate with...more
On 13 September, the Government opened its consultation on proposed changes to costs protection in defamation and privacy cases. These proposals reflect the suggestion by Lord Justice Leveson that the qualified one-way costs...more
Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more
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
How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)?
Section 230 has been consistently interpreted by...more
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