Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming...more
Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more
Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more
In a ruling that affirms the immunity of user-generated content platforms from suit for removing content from their sites, a panel of the U.S. Court of Appeals for the Second Circuit unanimously held that Section 230 of the...more
Private equity behemoth Apollo Global Management’s CEO, Leon Black, is stepping down after an outside inquiry by Dechert—“ordered by the firm’s board at Mr. Black’s behest in October”—revealed that Black “had paid more than...more
The most typical case that implicates Section 230 of the Communications Decency Act (CDA) involves a provider that hosts content and a third party plaintiff seeking to have content removed. Last month, in a less typical case,...more
Many cities in the United States utilize a self-pay portal for residents to pay bills online, known as Click2Gov. Click2Gov was compromised in 2017 and 2018, when hackers were able to access over 300,000 payment cards and...more
Vimeo, Inc. was sued last week in a class action case alleging that it violated the Illinois Biometric Information Privacy Act by “collecting, storing and using Plaintiff’s and other similarly situated individuals’ biometric...more
Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more
The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more
The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC, (2d Cir. June 16, 2016) (Vimeo), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the DMCA)....more
On June 16, 2016 Vimeo LLC heared the sweet sounds of victory as it won its appeal in a music copyright infringement case (Capitol Records LLC v. Vimeo LLC ) filed in 2009, that centered on the Digital Millennium Copyright...more
Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) - Kagan, J. In a unanimous decision, the...more
On June 16, 2016, the U.S. Court of Appeals for the Second Circuit issued its long-awaited decision in Capitol Records, LLC v. Vimeo, LLC, No. 14-1048 (2d Cir. 2016). First, the Second Circuit held that the "safe harbor"...more