News & Analysis as of

Appeals Cease and Desist

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Fish & Richardson

ITC Monthly Wrap-Up: April 2022

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This month’s ITC wrap up reviews one decision from April and one from March, which highlight: (1) how the ITC handles exclusion orders as marketplaces move online; and (2) the impact of Federal Circuit remands at the ITC, as...more

Mintz - Intellectual Property Viewpoints

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district courts on the standard for pleading willful infringement (see order),...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

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The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

McDermott Will & Emery

In the Pink: Lack of Personal Jurisdiction Results in Dismissal of Non-Infringement Verdict

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Addressing personal jurisdiction in a declaratory judgment action, the US Court of Appeals for the 10th Circuit reversed the district court’s bench trial verdict, finding that the district court lacked specific personal...more

Knobbe Martens

Sublicense May Survive Termination of a Main License

Knobbe Martens on

FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC. Before Dyk, Linn, and Taranto.  Appeal from the District of Delaware. Summary:  Contract interpretation must be applied in determining whether a sublicense survives...more

Seyfarth Shaw LLP

9th Circuit Takes Narrow View of the Computer Fraud and Abuse Act in LinkedIn Data Scraping Case

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In an a recently published opinion, the Ninth Circuit answered the question whether “LinkedIn, the professional networking website, [may] prevent a competitor, hiQ, from collecting and using information that LinkedIn users...more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

Ballard Spahr LLP

Ninth Circuit Court of Appeals Outlines BSA Compliance Obligations and How One Small Bank Failed to Meet Them

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The Tale of an AML BSA Exam Gone Wrong - As we have blogged, the Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease...more

Ballard Spahr LLP

Ninth Circuit Court of Appeals Rejects Constitutional Challenge to AML Compliance Program Regulation

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The Ninth Circuit Court of Appeals recently upheld the decision of the Board of Directors of the Federal Deposit Insurance Corporation (“FDIC”) to issue a cease and desist order against California Pacific Bank (the “Bank”)...more

Proskauer - New Media & Technology

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

McDermott Will & Emery

No Damages for Plaintiff Since Dry Cleaner Agreed to Hang Up Trademark Use

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The US Court of Appeals for the Eighth Circuit affirmed a permanent injunction enjoining a dry cleaner franchisee from using plaintiff’s trademarks but explained that plaintiff was not entitled to punitive damages, costs or...more

Patterson Belknap Webb & Tyler LLP

First Department Allows $45 Million Fraud Claim to Proceed Against Patriarch Partners

In Norddeutsche Landesbank Girozentrale v. Tilton, No. 651695/15, 2017 BL 55790 (App Div, 1st Dep’t Feb. 23, 2017), a divided panel of the Appellate Division, First Department, affirmed a Commercial Division order that denied...more

Brooks Pierce

Ninth Circuit Says You’re Going to Jail for Visiting That Website without Permission

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Zounds, right? But that is arguably what the U.S. Court of Appeals for the Ninth Circuit said about the Computer Fraud and Abuse Act in Facebook v. Power Ventures, Inc. on July 12th. Let’s get to it....more

Mintz - Privacy & Cybersecurity Viewpoints

Facebook v. Vachani – User Authorization Can Be Revoked By Service Providers

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third...more

Best Best & Krieger LLP

Court Clarifies the Cease & Desist Requirement Prior to Initiating Brown Act Litigation

City’s Loss Illustrates Risks of Litigating Open Meeting Law Violation Claims - In 2012 the California Legislature amended the judicial remedies aspect of the Brown Act “Opening Meetings” Law. That amendment added...more

Pullman & Comley, LLC

CT Law of the Land

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AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

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