News & Analysis as of

Computer Fraud and Abuse Act (CFAA)

Array

This Week in eDiscovery: Email Preservation or Computer Fraud? Recording Meet-and-Confers

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of August 12-18. Here’s what’s...more

Holland & Knight LLP

District Court Ruling Offers Insight into Computer Fraud and Abuse Act Civil Jury Cases

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Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more

Houston Harbaugh, P.C.

Ryanair Wins Jury Verdict Against Booking.Com Per the Computer Fraud and Abuse Act (CFAA)

Ryanair recently prevailed in a jury trial in Delaware Federal District Court when the jury determined that Booking.Com B.V. violated the U.S. Computer Fraud and Abuse Act (CFAA) by engaging in "screen scraping" of data...more

Manatt, Phelps & Phillips, LLP

New Guidance on Use of Artificial Intelligence-Based Tools in Practice Before USPTO

The United States Patent and Trademark Office (USPTO) published guidance on the use of artificial intelligence-based tools in patent practice to inform practitioners of important issues when using Artificial Intelligence (AI)...more

Alston & Bird

U.S. Court Rules Against Online Travel Booking Company in Web-Scraping Case

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On July 18, 2024, a federal jury in Delaware found that an online travel booking company violated the Computer Fraud and Abuse Act (CFAA) by accessing portions of a European airline’s website without permission and “with...more

Epstein Becker & Green

Update On Knicks/Raptors Trade Secrets Case and Other NBA Intellectual Property News

As we all await rulings on the lawsuits challenging the FTC’s Noncompete Rule (one of which may be decided later today), we provide an update on the Knicks/Raptors trade secret case that we previously discussed on EBG’s...more

BCLP

Is Your Company Vulnerable to a Mass Arbitration Attack? What It is and How to Prevent It

BCLP on

A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory...more

Proskauer on Privacy

From Skinware to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar

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While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of...more

Proskauer - New Media & Technology

Web Publisher Seeks Injunctive Relief to Address Web Scraper’s Domain Name Maneuvers Intended to Avoid Court Order

Late last year, Chegg Inc. (“Chegg”), an online learning platform, obtained a preliminary injunction based on allegations that the various operators of the Homeworkify website (“Defendants”) – which allows users to view...more

Farella Braun + Martel LLP

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd., Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: December 2023

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Welcome to the ninth installment in our monthly data privacy litigation report, which we are releasing just after the New Year. We prepare these reports to provide updates on how courts in the United States have handled...more

Proskauer - New Media & Technology

Another Web Scraping Dispute Focused on Travel Data

In a recent post, we recounted the myriad of issues raised by recently-filed data scraping suits involving job listings, company reviews and employment data.  Soon after, another interesting scraping suit was filed, this time...more

Dorsey & Whitney LLP

Court Upholds “Monster” $293 Million Award But Declines to Award Monster Energy Company Exemplary Damages for Energy Drink...

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Last month, Vital Pharmaceuticals, Inc. (“Vital”), the manufacturer of the Bang energy drink, fell short in its post-trial challenge to a “monster” jury award in favor of Monster Energy Company (“Monster”). ...more

Venable LLP

Legal Issues Around Generative Artificial Intelligence and Web Scraping

Venable LLP on

Shrewd businesses often leverage cutting-edge technology to be more efficient or to offer new products or services. But if companies fail to conduct legal risk assessments before using innovative technology, the anticipated...more

Proskauer - New Media & Technology

Help Wanted: Site Owner Brings New Scraping Suits Focused on Job Posting and Employment Data

In recent years there has been a great demand for information about job listings, company reviews and employment data.   Recruiters, consultants, analysts and employment-related service providers, amongst others, are...more

Fisher Phillips

Foul on the Play: 6 Takeaways for Employers as NY Knicks Sue Toronto Raptors for Trade Secret Misappropriation

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The New York Knicks just sued their former employee and his new employer, the Toronto Raptors, in a case that can teach employers a lot about trade secret misappropriation. The August 21 lawsuit accuses their Eastern...more

Robinson+Cole Data Privacy + Security Insider

X Corp Lawsuits Target Data Scraping

X Corp (formerly Twitter) has cracked down on data scrapers in a series of lawsuits filed within the last several weeks. One lawsuit targets an Israel-based research firm that provides commercial data scraping, called Bright...more

Mintz - Intellectual Property Viewpoints

An Overview of Shotgun Pleadings in the Federal Courts

Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to...more

Morgan Lewis

Could a Federal Law Be on the Horizon?

Morgan Lewis on

Despite the business community’s interest in an all-encompassing federal data privacy law, such a development remains elusive. US legislators have periodically introduced bills that would establish a federal data privacy law,...more

ArentFox Schiff

Data Scraping, Privacy Law, and the Latest Challenge to the Generative AI Business Model

ArentFox Schiff on

In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more

Ballard Spahr LLP

OpenAI Class Action Likely to Increase Scrutiny of Webscraping and Data Collection Practices

Ballard Spahr LLP on

Summary - A class action lawsuit filed against OpenAI and its primary investor, Microsoft, seeks damages and injunctive relief for the alleged theft and commercial misappropriation of consumer personal data processed by and...more

Polsinelli

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

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2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Seyfarth Shaw LLP

Computers on Wheels: One OEM Settles Claims While Another Scores A Win In Cases Involving Allegedly Botched OTA Updates

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A recent motion for preliminary approval of a class action settlement filed in federal court in Georgia will bring to a close claims asserted on behalf of a class of Porsche owners for a purportedly botched over-the-air...more

Fish & Richardson

President Biden Signs "Protecting American Intellectual Property Act of 2022" Into Law

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On January 5, 2023, President Biden signed into law the "Protecting American Intellectual Property Act of 2022." Protecting American Intellectual Property Act of 2022 (“PAIPA”), Pub. Law 117-336, 88 Fed. Reg. 2229 (Jan. 13,...more

Morgan Lewis - Tech & Sourcing

LinkedIn v. hiQ: Landmark Data Scraping Suit Provides Guidance to Data Scrapers and Web Operators

Following up on our April 27, 2022 post, Data Scraping Deemed Legal in Certain Circumstances, the most significant data scraping lawsuit has finally come to an end. After six years of litigation, LinkedIn Corp. and hiQ Labs,...more

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