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CYBER INSURANCE 101: Coverage Issues Related to Cyber Attacks and Cyber Insurance

The Rise of Cyber Attacks - On October 3, 2013, Adobe Systems Inc., the computer software giant responsible for staple software products such as Adobe Acrobat and Photoshop, announced that its security team had...more

Advertising Law - Feb 28, 2014

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

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

Before Becoming The Next Target: Recent Case Highlights The Need To Consider Insurance For Data Breaches

If only one of Target, Snapchat, Facebook, Twitter, Adobe, and so on and so forth, had suffered a serious data breach within the last few months that would be sufficiently troubling. Yet data breaches have become so...more

Cyber Law Tracker: Recall Total v. Federal Ins. Co. – No Coverage for Data Breach under Commercial General Liability Policy

On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more

Advertising Law -- Oct 18, 2013

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

Use Good Sense to Avoid Making Bad Law

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

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

Sixth Circuit to Construe Scope of CDA Section 230 Immunity on Appeal of Unusual Jones v. Dirty World Decision

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

2013 Texas Leg Watch: Retracting The Defamation And Notification After A Data Breach

While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. ...more

Privacy Changes Coming to China

Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific...more

Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

Employees Have a Reasonable Expectation of Privacy in Work Computers: Supreme Court of Canada

In R. v. Cole, 2012 SCC 53 (October 19, 2012), the Supreme Court of Canada held that employees may reasonably expect privacy in the information stored on their work-issued computers — at least where personal use is permitted...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

When the Best Defense is a Proactive Offense: Protecting Your Reputation on the Internet

Here’s the scenario: You’re a well-known athlete. You’ve worked hard to become the best in your game. You wake up one morning, grab your coffee, sit down at your computer and start to read the morning’s news. Much to your...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

The New Wave of Cyber-Crime Facing Retailers

Retailers are under attack from a new wave of low-tech, hightech criminals. These second-generation cyber-criminals are not necessarily the genius-hacker-types popularized by Hollywood in tag lines such as “Log on. Hack in....more

The New 9 to 5: Work in the iPhone Age

Ever-increasing connectivity has blurred the distinction between personal time and company time. Electronic communication has become routine at work and at home. For some it is now required. Employment and tort law have not...more

Discovering Unburied Treasure on Social Networking Web Sites

Article discusses discoverability of information posted on social networking web sites, including Facebook and MySpace, and analyzes how discovery disputes and potential admissibility at trial of this information may be...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Motrin Ad Gives Moms a Headache *Spam Response Rate Is Low, but Still Worth the Effort *Targeted Ad Service Sued for Privacy Violations *Court Stops Sale of Keystroke Tracking Software *Microsoft...more

Paul vs. Providence Health System-Oregon

Appellants' Opening Brief Oregon Court of Appeals

Providence Health System's employee took unencrypted computerized medical records on some 350,000 patients to his home left them overnight in a car. A car prowler stole the tapes. Oregon patients filed a class action...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *States May Target Marketers in Downturn *ConsumerAffairs.com Faces Defamation Lawsuit *Europe Wants Faster Purge of Online Data *Do Not Call List Made Permanent *New York Passes Internet Tax...more

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