Website Arbitration Clauses
October 01, 2016
In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.
The Internet Is Not a Consequence-Free Zone
October 01, 2016
The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.
Law Firms Facing Unprecedented Cyber Risk
October 01, 2016
For years, various government authorities and security experts warned the legal industry about the proverbial cyber target painted on their chest. And while a cornucopian crop of headlines bloomed about data breaches, most concentrated on major retailers or recognizable brands. Given nebulous reporting legislations, the data breaches at law firms remained below the press horizon. But you can only dodge so many bullets until one hits the industry square in the chest.
<b><i>Online Extra:</b></i> Convict Seeks New Trial Over Use of Facebook Evidence
September 30, 2016
A man convicted of murder in New Haven, CT, is asking the state Supreme Court for a new trial on grounds that the judge should not have allowed evidence from Facebook at trial. The defendant argues that photos from his Facebook profile that were presented to the jury were used to portray him as a "thug" and improperly swayed the jury. Police were also able to locate the defendant, Derrick Bouknight, through his Facebook page. '
To Sue or Not to Sue for Trademark Infringement
September 01, 2016
A strong trademark can be a company's most significant asset. Infringement, however, can strip the trademark of its value by causing "confusion among consumers" as to the identity and origin of the client's product.
Third Circuit Sets Standard for Facebook Chat Evidence
September 01, 2016
Rejecting the appeal of a convicted child molester who used Facebook to exchange explicit photos of minors, a federal appeals court clarified how online chats can be authenticated as criminal evidence.
Cybersecurity Beyond Traditional Risk Management
September 01, 2016
At a recent CIO panel, an audience member asked the three of us on stage: "What do you see as your number one priority in the coming 12 months?" I responded "cybersecurity" without hesitation. The panelist that followed said that cybersecurity was a priority, but that it is a subset of risk management. This was not the first time I have heard the chief information pro and/or technologist in a large company make that point, and I have to respectfully disagree.
California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?
September 01, 2016
Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
