Online Consumer Privacy
October 02, 2014
Online service providers often collect user data for marketing, which frequently includes sharing the information with third parties. Consumers and web users who find this transmission of data an invasion of privacy can, with the help of the plaintiffs' bar, sue under various privacy statutes for alleged damages arising out of this practice.
Using Social Media Content to Defend Employment-Related Lawsuits
October 02, 2014
Because social media is a major vehicle for interacting with the world and exchanging information, it is no surprise that such a ubiquitous aspect of American culture would contain information relevant to litigation. It is therefore important that attorneys be able to recognize when and how social media content may provide valuable evidence in a case.
Time to Upgrade 28-Year-Old Electronic Privacy Law?
October 02, 2014
Apple Inc., Google Inc. and Microsoft Corp. are putting new pressure on Congress to update a 28-year-old law that governs how the federal government can obtain U.S. citizens' electronic data.
Identity Theft and Taxes
October 02, 2014
In 2013, 13.1 million people were victims of some sort of identity theft. Often, you may think of identity theft as being confined to credit card or ATM fraud, yet there is an epidemic of fraudulent electronically filed tax returns. Identity-related tax fraud is the third-largest theft of federal funds after Medicare/Medicaid and unemployment insurance fraud.
Rap Music Plays Role in First Amendment Case
October 02, 2014
The musical tastes of several U.S. Supreme Court justices run toward opera. But as the start of its fall term approached, the court was getting an intense education in another genre: the rhythmic, slangy ' sometimes violent ' poetry of rap music.
Criminal Subpoenas for Online Data
October 02, 2014
Never before has so much personal data been available anywhere but also completely outside the immediate control of the person who created it. Companies like Google and Facebook are the entities responding to government search warrants and subpoenas for individuals' personal information. Federal courts continue to struggle ' and sharply disagree ' over the scope of Fourth Amendment protections for this data.
When Clicks Don't Count
September 02, 2014
There's a lot of allure when it comes to viral content. The thought of law firm marketing whizzing through the Web, without cost to the firms, is enough to make a person cry. But what is the downside?
Supreme Court's <i>Troice</i> Has Important Risk Management Implications
September 02, 2014
On Feb. 26, the U.S. Supreme Court decided <I>Chadbourne & Parke v.Troice</I>, holding that SLUSA does not preclude state law class actions where the plaintiffs allege that they purchased uncovered securities that the defendants said were backed by securities listed on a national exchange ' a misrepresentation.
Courts Conflict on Anonymous, Allegedly Defamatory Online Speech
September 02, 2014
Anyone spending 10 minutes on the Internet reading content is often assaulted by angry and coarse language supporting frequently outrageous opinions. The First Amendment concepts of free speech have reached either new highs or discouraging lows when dealing with opinions and blogs on the Internet. In this unrestricted environment, can individuals or businesses protect their reputations?
