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Privacy Class Actions Lag Behind the Online World Image

Privacy Class Actions Lag Behind the Online World

Amy Miller

Lawyers in Silicon Valley are dealing with a new wave of privacy class actions involving online advertising. Plaintiffs accuse companies of misdeeds ranging from improperly selling users' information to tracking consumers' online activity without their consent or knowledge. There's one thing defense and plaintiffs' attorneys can agree on: Current U.S. laws do not clearly define what online companies can and can't do, nor what remedies are available for violations.

Recognizing and Handling Online Fraud and Scams Using Company IP Image

Recognizing and Handling Online Fraud and Scams Using Company IP

Richard E. Peirce

In Part One of this article, in the December 2010 issue, the author detailed some recent online frauds and scams involving the use of a company's intellectual property. Part Two finishes that examination and provides some preventive measures that can be taken to avoid being the target of those scams.

Features

Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i> Image

Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i>

Janet Satterthwaite

In <i>Tiffany v. eBay</i>, the Second Circuit affirmed the District Court's ruling in favor of eBay on the key issue of contributory trademark infringement, as well as direct infringement and dilution, but remanded on the issue of false advertising. The upshot of the holding is that despite a general knowledge that a significant percentage of Tiffany goods sold on eBay were counterfeit, eBay did not have a duty to prevent any such sales unless and until a specific instance of fraud was brought to its attention.

So Much Social Media Data, So Little Guidance Image

So Much Social Media Data, So Little Guidance

Stephen M. Prignano & Andrew P. Fishkin

All of our online social interaction has created mountains of personal information about users that, prior to the advent of social networking, would have been regarded as private and difficult to obtain. The potential usefulness of that data in litigation is obvious. With just a few mouse clicks, litigators can investigate the background and views of opposing parties and key witnesses ' as well as potential jurors. The prevalence of social networking data raises novel issues with respect to the use of this information in litigation.

Upcoming Event Image

Upcoming Event

ALM Staff & Law Journal Newsletters

Intellectual Property Review ' Updates and Changes from 2010," Portland, OR, Jan. 21, 2011.

Bit Parts Image

Bit Parts

Stan Soocher

Band Members' Royalty Claims Against Survivor Principal Survive Dismissal<br>Insurance Policies Don't Cover Right-of-Publicity Claim<br>Sample Submission Form Blocks Claims over VH1 Reality Show

Counsel Concerns Image

Counsel Concerns

Petra Pasternak & Kate Moser

Manatt Phelps Wins Malpractice Suit By Football Players<br>Malicious Prosecution Suit Against Simpson Thacher to Proceed

Features

Cameo Clips Image

Cameo Clips

Stan Soocher

RIGHT OF PUBLICITY/EXPERT WITNESSES

DMX Wins Battle over ASCAP for Direct Music Licensing Image

DMX Wins Battle over ASCAP for Direct Music Licensing

Allison Frankel

Last July, Muzak competitor DMX and its Weil, Gotshal &amp; Manges lawyers won a licensing fee ruling against Broadcast Music Inc. that had the potential to revolutionize the background music industry. Now the revolution continues: U.S. District Judge Denise Cote of the Southern District of New York has ruled that DMX must pay ASCAP a fee of only $13.74 to license ASCAP music in each of the 95,000 stores, restaurants and other locations that DMX supplies with background music. ASCAP wanted DMX to pay almost $50 per location.

Film Production Deal Ruled Separate from Marital Agreement Image

Film Production Deal Ruled Separate from Marital Agreement

Noeleen G. Walder

Billionaire Ronald Perelman has to pay $4.3 million to a film company he formed with his ex-wife, Ellen Barkin, despite Perelman's claim that the actress' breach of the couple's separation agreement relieved him of his financial obligations to the company, the New York Appellate Division, First Department ruled.

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