Stefan Hankin on Online Harassment
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
A Moment of Simple Justice - Revenge Porn
Why Cyber Security?
How Fenwick Partners Caught the Tech Wave
How is Graphene Currently Used and What is the Hope for the Future?
What is Graphene? Fenwick Patent Attorney Has the Answer
Two Tips for Inventors Filing Patent Applications
Are Criminal Laws the Right Response to Revenge Porn?
Why Law Firms Are Starting to Think Like Media Companies
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay
Did the IRS Just Help or Hurt the Bitcoin Economy?
Legal Tech Startups: Separating Hype from Opportunity
Jail Time for Revenge Porn Offenses?
Polsinelli Podcast - Conducting Business in China
Rolling Out LPM Software at Akin Gump
Polsinelli Podcast - Generic Drugs to Market - What's the Climate in 2014?
Emerging Strategies for Protecting Global IP Rights
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more
Last week, the Supreme Court of Alabama confirmed its January 2013 holding that manufacturers of brand drugs can be liable for injuries caused by generic drugs. Weeks v. Wyeth, Inc., No. 1101397, slip op. (Ala. Aug. 15,...more
Internet liability rules applicable to Wikipedia are different from the ones with which YouTube has to comply according to the Court of Rome as Wikipedia has now been declared not liable to for the defamatory contents...more
In This Issue:
- Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in...more
In a recent federal case, section 75-1.1 made the difference between the plaintiff recovering nothing and recovering almost two million dollars. This outcome underscores two key features of section 75-1.1...more
In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a...more
From the land of Wayne Newton and Brittney Spears comes news of an interesting lawsuit implicating the Nevada anti-SLAPP statute. Techdirt.com explains that the lawsuit, Opinion Corporation d/b/a PissedConsumer.com v. Nevada...more
In August of 2013, this blog wrote about the case Jones v. Dirty World Entertainment Recordings, LLC, 965 F. Supp. 2d 818 (E.D. Ky. 2013) ("Jones I"). As described then, Jones I dealt with the following set of facts...more
Yelp.com (Yelp) labels itself an "online urban guide." Specifically, the website allows users to write reviews about experiences at businesses they've visited. It also permits users to browse the posted reviews.
In an important decision issued today, the Sixth Circuit held that the operators of www.TheDirty.com could not be held liable for postings by third parties on the website. The decision reversed the decision of the Eastern...more
On June 16th, 2014, the Sixth Circuit reversed the lower court’s holding that the gossip site, TheDirty.com, was responsible for its users’ defamatory posts and could not rely on immunity under CDA Section 230. The appeals...more
Two weeks ago, in Vazquez v. Buhl, the Appeals Court of Connecticut affirmed dismissal of a defamation claim against CNBC for hyperlinking to an online report by journalist Teri Buhl. The Court held that, although CNBC...more
In This Issue:
Judgments, Legislation, and Reports.
- Excerpt from Judgments: Commonwealth -
13 May 2014 - Sklavos v Australasian College of Dermatologists  FCA 476 -
This was a Federal...more
The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030 et seq, is a criminal statute that forbids, among other things, "intentionally access[ing] a protected computer, without authorization" when the access...more
Last week, the Third District Court of Appeal resolved any questions concerning the applicability of the Daubert standard in Florida following the legislative changes to Florida's evidence code in July 2013. ...more
As detailed on this blog before, the immunity from "publisher or speaker" liability for interactive computer service providers under the Communications Decency Act (CDA) is broad and generally encompasses a wide variety of...more
Courtney Love goes to trial, in a suit by her former attorney, based on a social media message that accused the attorney of being “bought off.” A Yelp user and the contractor she criticized go at each other in court over...more
On January 21, 2014, the Pennsylvania Supreme Court held in a 4–2 vote in Lance v. Wyeth, 2014 PA. 17 EAP 2011 (PA Supreme Court 2014), that a pharmaceutical company for the first time under Pennsylvania law may face...more
Experienced First Amendment lawyers know that websites hosting user-created content are extremely difficult to sue for defamation. This is due to Section 230 of the Communications Decency Act of 1996, codified at 47 U.S.C. §...more
Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in Lance v. Wyeth that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs....more
Product liability law in Pennsylvania has been fundamentally altered as it relates to the manufacturing and selling of prescription drugs. Manufacturers are now subject to design defect claims following a recent state Supreme...more
In a stunning decision with broad implications for pharmaceutical companies in Pennsylvania and elsewhere, the Supreme Court of Pennsylvania has held that plaintiffs may assert negligence claims against pharmaceutical...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
On 5 September 2013 the District Court in Mönchengladbach rejected the claim brought by a history professor (plaintiff) against Google (defendant). The plaintiff’s claim for cease and desist targeted at the deletion of a link...more
Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more
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