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Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Perkins Coie

Supreme Court Reinstates Injunction Against Texas Social Media Law

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In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to...more

Faegre Drinker Biddle & Reath LLP

Strike Two for Amazon in the California Court of Appeal

A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website.  (See discussion of Bolger decision...) In Kisha...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

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The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

WilmerHale

Second Circuit Affirms Broad Immunity for Online Providers to Remove Third-Party Content from Their Websites

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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

Fenwick & West LLP

Second Circuit Affirms Video Sharing Site’s Immunity From Suit Under CDA Section 230 For Removal of User Content

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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

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

Butler Snow LLP

A Link in the Chain? Developments Regarding E-Commerce Website Liability for Defective Products Sold by Third-Party Vendors

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More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more

Ballard Spahr LLP

Fourth Circuit Rules Maryland Online Political Ad Law Unconstitutional

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The U.S. Court of Appeals for the Fourth Circuit has affirmed a victory by a coalition of news organizations that publish in Maryland in their challenge to a state law that would have placed significant burdens on them as...more

Carlton Fields

Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit

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The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance...more

Rumberger | Kirk

Third DCA Confirms that Florida Statute Extends Beyond School Property and into Cyperspace

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On October 16, 2019, Florida’s Third District Court of Appeal upheld a conviction under Florida Statute section 877.13. The statute makes it a second degree misdemeanor for someone “[k]nowingly to disrupt or interfere with...more

Dorsey & Whitney LLP

3rd Circuit Creates New Obligations for Online Platforms

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The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations...more

Foster Garvey PC

OTA & Travel Distribution Update: U.S. Circuit Court deals a blow to short-term platforms; Google continues steady evolution; a...

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U.S. Circuit Court Deals a Blow to Short-Term Platforms - ("Airbnb Loses Major Fight Over California City's Rental Law," Bloomberg Quint - Stories, March 13, 2019) In somewhat of a surprise ruling issued last week, the...more

Hanzo

Case Law Summary: Are “Private” Facebook Posts Discoverable?

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In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more

Dorsey & Whitney LLP

The Second Circuit Shuts Down Application of First Sale Doctrine

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In a decision issued on December 12, 2018, the Second Circuit refused to recognize application of the first sale doctrine to a service that had been established as a marketplace for resale of digital music files. Under the...more

BCLP

Online Review Website Cannot Be Forced To Remove Defamatory Posts

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The California Supreme Court ruled that an online publisher cannot not be forced by a court to remove a third-party post that was judicially determined to be defamatory. The 4-3 ruling by the California Supreme Court, issued...more

Ballard Spahr LLP

Gun Sales Platform Seeks Reversal of Ruling That Undermines Protections for Website Owners

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An intermediate appellate court in Wisconsin has issued a decision that removes an important legal defense from a host of website owners, including those who provide a platform for buyers and sellers to connect....more

Robins Kaplan LLP

D.C. Circuit to Livestream Oral Arguments

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The U.S. Court of Appeals for the D.C. Circuit recently announced that it will begin livestreaming audio of all oral arguments at the start of the 2018-19 term in September. Chief Circuit Judge Merrick Garland called the new...more

Fisher Phillips

Private Facebook Posts Could Be Fair Game For Discovery

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New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Copyrights - The World in US Courts: Spring 2018

Spanski Enters., Inc. v. Telewizja Polska, S.A., US Court of Appeals for the District of Columbia Circuit, March 2, 2018. The Carsey-Werner Co., LLC v. British Broadcasting Corp., US District Court for the Central District...more

Orrick - Trade Secrets Group

California Supreme Court Will Hear Arguments This Week in Defamation Case With Implications for Online Publishers, Trade Secrets...

On Tuesday, April 3, the California Supreme Court will hear arguments in Hassel v. Bird.  Case No. S235968.  While seemingly a defamation case, it has direct implications on trade secrets owners and the rights of internet...more

Foster Garvey PC

OTA & Travel Distribution Update - German coalition's plans for increased scrutiny of online platforms; Avvio introduces chatbot...

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This week’s OTA & Travel Distribution Update is below and features a variety of stories – EU regulation, AI-powered chatbots, direct booking, connectivity and taxes....more

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