Case Notes
Discussion of recent litigation of importance.
Liability of Corporate Actors Under the Alien Tort Statute
Recent decisions from the Second Circuit, rejecting corporate liability under the ATS and imposing high standards for successful aiding and abetting claims, provide a fresh look at ATS claims involving corporate actors, with potentially broad implications for this area of litigation.
Ruling Keeps Glass Half Full for iMilk App Copyright Claim
In a court battle over the rights to an iPhone app that converts a phone into a virtual glass of milk, a federal judge in Harrisburg, PA, has ruled that the creator of the iMilk app may pursue claims against Hershey for copyright infringement, trade dress and tortious interference.
Viacom Appeal May Decide Future of the Web
A long-simmering copyright dispute between Hollywood and the Web has hit the U.S. Court of Appeals for the Second Circuit ' and the outcome could set a national precedent regarding the scope of potential liability for nearly every business on the Internet that posts infringing content.
NLRB Action in the Age of Facebook
The National Labor Relations Board issued an administrative complaint against American Medical Response of Connecticut, alleging that it violated the National Labor Relations Act by terminating an employee and for maintaining a policy in its handbook that trammels employees' rights under the NLRA. This particular complaint received nationwide media attention because the allegations centered on an employee's use of Facebook, and her employer's alleged reliance on her Facebook postings in terminating her employment.
Analyzing the U.S. Supreme Court's Decision Not to Review <i>Tiffany v. eBay</i>
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
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.
