Proskauer - New Media & Technology

The U.S. Securities and Exchange Commission gave disclosures made through social media platforms such as Facebook and Twitter a conditional “thumbs up” in a Report of Investigation it released on April 2, 2013. Issuers of…more

It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content…more

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision…more

Although we have confidence in the quality of our work, the headline above might be viewed by some as mere hyperbole or rhetorical exaggeration. And that is the case with most top ten lists, at least those that are based on…more

The acceptance of electronic signatures in commercial transactions has become so commonplace that disputes about their use are relatively few. A Michigan appeals court recently considered the validity of an electronic signature…more

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute…more

Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development. She decided to replicate the popular “Tetris” videogame that has been around since the late 1980s. After researching…more

The trial in the dispute between Oracle and Google over the use of Java technology in the Android operating system is over, and the greatly anticipated ruling on copyright in the Java Application Programming Interface (API) has…more

In a jury room in San Francisco, jurors in Oracle, Inc. v. Google, Inc. have been toiling over complicated issues related to the copyrightability of the Java computer programming language, and they may well return a verdict…more

The Ninth Circuit, sitting en banc, has upheld a district court’s dismissal of criminal charges under the Computer Fraud and Abuse Act that were predicated on misappropriation of proprietary documents in violation of the…more

Pinterest is the hot hot hot social media site that lets users create online “pinboards” of interesting or inspiring images. Although users may upload their own images to their pinboards, Pinterest emphasizes the pinning of…more

In a narrowly-drawn majority opinion, the United States Supreme Court ruled in United States v. Antoine Jones that the Government’s attachment of a GPS-tracking device to a vehicle, and the subsequent monitoring of the movements…more

That appears to be the opinion of Magistrate Judge David Noce in United States v. Robinson, No. 4:11-cr-00361 (D. Mo. Dec. 27, 2011), who ruled that GPS tracking of a public official suspected of having a no-show municipal job…more

The Twitter micro-blogging service is just like the bulletin boards that Colonial Americans might have had in their front yards to communicate with one another at the time the Bill of Rights was adopted, said a federal district…more

In this era of multiple online communication channels, and in an environment of increased employee mobility, employers need to focus on the legal and practical ways of securing their ownership of online company accounts that are…more