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Plaintiff’s Attorney’s Fees in Shareholder Suits Subject to Heightened Scrutiny (In re Theragenics Case)

It’s virtually inevitable: Within hours (or less) of a press release announcing a merger or acquisition involving a public company, a group of shareholders will file a class action lawsuit against the public company target’s...more

Delaware Supreme Court: Bad-Faith Attempt to Renegotiate Term Sheet May Create Liability for “Benefit-of-the-Bargain” Damages

A term sheet can play a useful role by allowing the parties to focus on key issues first, without getting bogged down in details. But what happens when a party agrees to a term sheet but insists on very different terms for...more

Campmor, Inc. v. Brulant, LLC

Opinion and Rulings on Motions in Limine

An unusually detailed and thoughtful ruling on motions in limine in this case. Replaces an earlier upload that consisted only of the one-page order by which these rulings were finalized....more

Another Court Interprets the CFAA Narrowly

A Southern District of New York judge has joined the growing trend of federal courts that interpret the Computer Fraud and Abuse Act to preclude allow recovery for misappropriation of computer information....more

Campmor, Inc. v. Brulant, LLC

Memorandum of Law in Opposition to Second Daubert Motion to Exclude Testimony of SEO Expert

From the Preliminary Statement: "Nearly two years ago, Brulant, LLC (“Rosetta”) sought to preclude the testimony of Brian Cooper (Campmor’s SEO expert) through a motion in limine. As the Court recalls, the relief sought by...more

Morgan Stanley Sued Over $110 Million in Mortgage Loans

On September 28, an RMBS trustee sued a Morgan Stanley unit in the Supreme Court for the State of New York, alleging that Morgan Stanley sold RMBS backed by defective mortgage loans. The trustee asserts that Morgan Stanley...more

The Rise of the Computer Fraud and Abuse Case

Major changes are in the works for the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. In the past ten years, the CFAA has moved from obscurity into the limelight as Congressional amendments drastically increased its...more

Phonedog LLC v. Noah Kravitz- Who owns business profiles on Twitter ?

Plaintiff's Amended Complaint- Phonedog LLC v. Noah Kravitz

Mobile phone business Phonedog LLC filed suit against former employee Noah Kravitz in the US District Court for the Northern District of California in November 2011, alleging that Mr. Kravitz took 17,000 Twitter followers...more

VO Group, LLC v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (CPLR sec. 3211(a)(7))

Motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on PissedConsumer.com....more

Can a Labor Union Be Sued Under the Computer Fraud and Abuse Act for Spamming an Employer's Voice and Email Systems?

The answer is yes. The Sixth Circuit Court of Appeals last week reversed a district court and reinstated a Computer Fraud and Abuse Act (“CFAA”) claim brought by an employer against a labor union for...more

Campmor, Inc. v. Brulant, LLC

Opinion granting in part and denying in part defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Enhanced Pleading Requirments Apply in Patent Marking Cases

Allegations that a party falsely marked unpatented articles with a U.S. patent number must include facts from which a court may reasonably infer that the party acted with intent to deceive the public. So held the Court of...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 9, Issue 1 - Winter 2011

Inside this issue: 1 Considerations for Software Patent Claims in the United States, Europe, and Canada 1 Where (and Even When) Does KSR Belong in Obviousness Arguments? 11 While Not Right for Every Invention, Trade...more

Defamed on the internet by an out-of-state resident

Ohio courts have personal jurisdiction over out-of-state residents for defamatory statements made on the internet....more

Maryland Court: Employees Who Steal Data from the Company Computer Do Not Violate the Computer Fraud and Abuse Act

A federal district court in Maryland held that an employee who stole proprietary data from his prior employer did not violate the Computer Fraud and Abuse Act (“CFAA”) because he was authorized to access the data...more

Why Two District Courts Dismissed Valid Computer Fraud and Abuse Claims for Lack of Jurisdiction

Two federal district courts, one in Maryland and the other in Texas, dismissed what each court considered to be valid civil claims under the Computer Fraud and Abuse Act (“CFAA”). Title 18 U.S.C. § 1030. The CFAA is the...more

Connecticut District Court Refuses to Dismiss Computer Fraud and Abuse Claims Against Ex-Employee

Without reference to the conflicting positions between LVRC Holdings LLC v. Brekka, 581 F.3d 1127, 1130-31 (9th Cir. 2009) and Int’l Airport Centers LLC v. Citrin, 440 F.3d 418, 420 (7th Cir.2006) a Connecticut federal...more

Dismissal of CFAA Claims for Lack of Jurisdiction

The Computer Fraud and Abuse Act (“CFAA”) is the omnibus federal computer crime statute outlawing theft and destruction of data, hacking, use of viruses, theft of passwords and extortionate threats to damage computers. 18...more

NEMET CHEVROLET v. CONSUMERAFFAIRS.COM

4th Circuit Affirms Dismissal of Libel Case Over Comments on Website

The 4th Circuit Court of Appeals has backed gripe site ConsumerAffairs.com in a defamation lawsuit filed by a car dealers. The appellate Court ruled that the federal Communications Decency Act gives the site immunity from...more

University Communications Inc. v. Net Access Corp

Order on Judgment

Our clients, the plaintiffs, had achieved virtually all of their litigation goals by virtue of a preliminary injunction granted after a temporary restraining order early in the litigation (via predecessor counsel). We...more

University Communications Inc. v. Net Access Corp

Plaintiffs’ / counterclaim defendants’ pretrial order submission

Procedurally and factually complex case involving the separation of our client's web server business from the data center that originally hosted it. This pretrial order was submitted by order of the Law Division, Superior...more

Piercing the Registrant’s Veil - Trademark Infringement on the Internet, Identifying and Pursuing Infringers, and the Pros and...

The pursuit of trademark infringers on the Internet, specifically the use of a party’s trademark by an unauthorized second party, poses problems that are unique in trademark infringement law. How do you uncover who is the...more

University Communications Inc. v. Net Access Corp

Brief (letter) and certification in opposition to motion to amend

You really have to read this to believe it. Skip to the certification if you want....more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Minute Order Tentatively Denying the Motion for Preliminary Injunction & Dissolving the Injunction by Dynadot

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

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