News & Analysis as of

Websites

Car Ad Websites Slightly “Scraped” in Copyright Case, Court Puts Brakes on Statutory Damages Minimums

On April 6, 2017, the Ontario Superior Court of Justice (Court) provided insight into how courts will approach the scraping of websites and assessing statutory damages for copyright infringement in Trader v. CarGurus. The...more

Tick Tock - Website Owners Face Deadline to Preserve Liability Safe Harbor

All owners of websites accessible in the United States need to be aware of new rules that directly control a website owner’s potential liability for copyright infringement. On December 1, 2016, the United States Copyright...more

Collecting Information From Children: A How-To Guide

by Bryan Cave on

There are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Consumer Review Fairness Act’s Point of “No Return”

On December 14, 2016 the United States Congress passed an act known as the “Consumer Review Fairness Act of 2016” (“CRFA”). The stated goal of this new legislation is “to prohibit the use of certain clauses in form contracts...more

TrustE Pays $100,000 with NYS for Failing to Protect Children’s Websites

On April 6, 2017, New York Attorney General Eric Schneiderman (AG) announced that he has settled an investigation against TrustE for alleged violations of failing to adequately prevent illegal tracking technology on...more

Erie County Medical Center IT Systems Shut Down By Virus

Buffalo, New York Erie County Medical Center has announced that its IT system has been shut down since Sunday, April 11, 2017, due to an unnamed virus. The shut-down has affected the medical facility’s email system,...more

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

by Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

First judicial consideration of information location tool under the Copyright Act– Trader Corporation v. CarGurus Inc.

by Dentons on

On April 6, 2017, the words "information location tool", as they appear in s. 41.27 of the Copyright Act, R.S.C. 1985, c. C-42 (the Act), were given their first judicial interpretation. S. 41.27(1) provides that a copyright...more

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

by Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Florida Courts Rule ADA Covers Websites With Nexus To Physical Store

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Two Florida federal district court judges require websites to have a “nexus” to a physical location for coverage under Title III of the ADA, but a third judge requires more....more

McDonald’s Canada’s Job Site Hacked

McDonald’s Canada has shut down its careers webpage following a breach that occurred in mid-March. A hacker gained access to the jobs section of its website and compromised the personal information, including names,...more

Did You Know...Federal District Court Dismisses Website Accessibility Claims Because Of Lack Of Due Process

by Nossaman LLP on

On March 20, 2017, a federal district judge in the Central District of California issued a big win for businesses dealing with the recent onslaught of website accessibility litigation – claims that a business’s website is not...more

Lettre d’actualité IPMT – Français

by Hogan Lovells on

Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des parties...more

Now What?: ADA’s Website Accessibility Guidelines May Take Longer than Anticipated

Recently, the SC Employers’ Blog alerted you to a rising trend where serial claimants send demand letters to various private companies alleging the company’s website discriminates against individuals who are blind or visually...more

“Oh Yes [the Court] Did” — District Court Grants Motion to Dismiss ADA Complaint Until the DOJ Issues Implementing Regulations and...

On March 20, 2017, U.S. District Court Judge S. James Otero for the Central District of California in Robles v. Domino’s Pizza LLC, granted defendant Domino’s Pizza LLC’s motion to dismiss without prejudice and ruled that the...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

Illinois “Right to Know” Bill Passed Out Of Senate Judiciary Committee; Moves To Illinois State Senate

by King & Spalding on

On March 14, 2017, the Illinois Senate Judiciary Committee passed a bill requiring websites and apps to notify their Illinois customers of the types of personally identifiable information they collect, disclose and sell....more

Court Dismisses Website Accessibility Suit Over Lack of Connection to Store

by Kelley Drye & Warren LLP on

As we noted earlier this week, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these...more

Make Your Website Bio Stand Out with Specifics

by Wicker Park Group on

We have quite a few clients in the process of updating their websites and/or going through a brand overhaul. As many of you know, it is a massive undertaking both from a time and money perspective. But it is also a perfect...more

Court Relies on Due Process Argument to Dismiss Website Accessibility Suit

by Kelley Drye & Warren LLP on

Over the past few years, a handful of law firms have filed hundreds of lawsuits – and sent many hundreds of letters threatening lawsuits – over website accessibility issues. This has been a lucrative business for these firms....more

Public Accommodations are Starting to Win Website Accessibility Lawsuits

by Seyfarth Shaw LLP on

Two recent decisions by federal judges to dismiss website accessibility lawsuits may cause more public accommodations to fight instead of settle these suits, but businesses must continue to weigh many factors before making...more

It’s Audit Season: Have You Audited Your Website’s Accessibility?

by Akerman LLP - HR Defense on

Audit season is in full swing. Businesses now are working with auditors on their tax and other audits to ensure compliance with various financial regulations. But there is one audit that many businesses have yet to undertake...more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

Chancery Court Holds That Squeezed Out Stockholders Lack Standing to Compel Inspection under DGCL § 220

On February 27, 2017, the Delaware Court of Chancery addressed an important matter of first impression under Delaware law: "Must a plaintiff seeking corporate records under Section 220 of the Delaware General Corporation Law...more

DSM Watch: The new copyright directive – What will happen to the liability privilege of platforms?

by Hogan Lovells on

Since the first proposals for amendments to the European Commission’s draft copyright directive were leaked earlier this month, we have seen quite some discussion on what the Digital Single Market will bring about. The leaked...more

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