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Best Practices for Using Third-Party Content on Your Company’s Website

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Social Links: Social media ad spend soars; the FTC sends special message to “influencers”; LinkedIn changes its terms of use

A New York State senator has introduced a bill that would make posting footage of a crime to social media with the intention of glorifying violence or becoming famous punishable by up to four years in prison and fines....more

Facebook Successfully Dismisses Putative Class Action Alleging Violation of New Jersey’s TCCWNA Based on Choice-of-Law Clause in...

by Bryan Cave on

In Palomino v. Facebook, Inc., No. 16-cv-04329-HSG, 2017 WL 76901 (N.D. Cal. Jan. 9, 2017), two putative class representatives brought a claim on behalf of all “similarly situated New Jersey residents who created a Facebook...more

Cautious Optimism for Online Retailers: NJ Federal Court Dismisses another TCCWNA Claim for Lack of Constitutional Standing

by Locke Lord LLP on

A New Jersey federal judge dismissed a proposed class action against online retailer, J. Crew Group, Inc., alleging that the company’s website Terms and Conditions violated New Jersey’s Truth-in-Consumer Contract, Warranty,...more

Client Alert: Florida Passes the Florida Fiduciary Access to Digital Assets Act

The Florida Fiduciary Access to Digital Assets Act (the “Act”) took effect as of July 1, 2016. The digital world is growing at an exponential rate. The Act provides much needed guidance for digital asset owners of how they...more

Facebook Defeats New Jersey TCCWNA Claim Based on its California Choice-of-Law Provision

by Locke Lord LLP on

Facebook, Inc. recently dodged a putative class action alleging that it violated New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) when a California federal court dismissed a New Jersey resident’s...more

What Happens to your "Social Media" and other "Digital" Life when you Die?

by Farrell Fritz, P.C. on

Over the holidays, it’s likely that you or a loved one received some type of computer or device that connects to internet websites, e-mail and applications. Or that pictures were taken and stored on such a device, or that...more

Skin Gambling Plaintiffs Find Themselves Back Where They Started

by Ifrah PLLC on

The lawsuits against Valve Corporation are continuing their tortured procedural paths from various federal courts to state court and back again. After filing a complaint against Valve and several co-defendants in federal...more

New Jersey’s TCCWNA: New Year, Same Uncertainty

by Kelley Drye & Warren LLP on

In 2016, many retailers found themselves on the wrong end of class actions brought under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”). The suits allege that these retailers’ website terms of...more

Password Sharing Is Not a Crime, Ninth Circuit Reassures in Denial of Nosal’s Request for Rehearing

Since the early days of this blog, we’ve been covering the ongoing legal battle involving ex-Korn Ferry recruiter David Nosal as it winds its way through the courts. The latest chapter in this saga came on December 8, 2016,...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

The Freedom to Yelp: Congress Curbs ToS Overreach

Worried about a company retaliating against you when you post a negative review on Yelp or TripAdvisor? Worry no longer because Congress has your back. Last week, Congress passed a law that will make it illegal for companies...more

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

by Bennett Jones LLP on

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

I accept!

by McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Location Disservices? Protecting against the Inherent Cybersecurity Risks of Geotagging

In this political season, much has been made about late-night Twitter rants targeting women and other social media attacks on individuals and celebrities. Although these harsh online critiques create a more hostile cyber...more

New Law Deals With Digital Assets After Death

by Snell & Wilmer on

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Casino Patron Out of Luck On Her New Jersey TCCWNA Claim

by Kelley Drye & Warren LLP on

The mid-level New Jersey appellate court issued an important decision last week under the state’s Truth-in-Consumer Contract and Warranty Notification Act (“TCCWNA”). The biggest TCCWNA issues, including to what extent the...more

Liability under CDA Section 230? Recent Lawsuit Tries to Flip the Script against Social Media Service

Title V of the Telecommunications Act of 1996, also known as the “Communications Decency Act of 1996” or “CDA” was signed into law in Feburary 1996. The goal of the CDA was to control the exposure of minors to indecent...more

Privacy Watchdogs File Complaint With FTC over WhatsApp’s Privacy Policy Change

by Reed Smith on

Yesterday, the Electronic Privacy Information Center (“EPIC”) and the Center for Digital Democracy (“CDD”) filed a complaint with the Federal Trade Commission against WhatsApp, Inc. According to the complaint, WhatsApp posted...more

Yelp Seeks Dismissal of Consumer Privacy Lawsuit

by Klein Moynihan Turco LLP on

Last Tuesday, the federal district court for the Northern District of California held oral arguments on a motion for summary judgment filed by Yelp in a consumer privacy lawsuit involving other prominent technology companies,...more

New York Federal Court Refuses To Enforce Arbitration Clause In Internet Contract

by Carlton Fields on

This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

by Fenwick & West LLP on

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

Amazon Case Means EU B2C Website Terms May Need an Update

If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer...more

Pokémon Go Faces More Criticism

by King & Spalding on

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

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Cybersecurity

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