Account

Sign in to access your account and subscription

  • How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits

    The rule of Zeran has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of Zeran that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in Zeran.

    December 01, 2017Ian C. Ballon
  • Nearly all of us access the World Wide Web on at least a daily basis. Yet for many of us, there is a fundamental lack of knowledge about the basic structure of the Internet and the way its different levels interact. This article provides a basic outline of the structure of the Web and some insight as to the purpose for and content housed on each level, as well as give some practical tips to avoid your company's data from ending up on the Dark Web.

    December 01, 2017Elizabeth Vandesteeg and Jeffrey Goldberg
  • On Aug. 17, 2017, the Second Circuit issued its decision in Meyer v. Uber Technologies, Inc.. The appeals court vacated and remanded the trial court ruling by holding that the registration process for Uber Technologies, Inc.'s mobile application formed a legal contract, Less than a month later, the Southern District relied on the Meyer decision in granting the defendant's motion to compel arbitration based on the fact that the design and functionality of defendant's amended terms of use placed plaintiffs' on "reasonably conspicuous notice" of the mandatory arbitration and jury trial waiver provisions.

    December 01, 2017Richard Raysman and Peter Brown
  • The Internet has generated a new set of assets known as "digital assets." Broadly defined, a digital asset is an electronic record in which an individual has a right or interest. This definition erroneously implies that digital assets should be treated as a legally equivalent set of assets when, in fact, failure to differentiate digital assets into one of three distinct classes will result in legal difficulties.

    November 02, 2017Jonathan Bick
  • Part One of a Two-Part Article

    This two-part article is divided into three sections: 1) Social media, defined; 2) Examples of how social media has been used in family law cases; and 3) Ethical considerations for attorneys who gather social media evidence.

    November 02, 2017Khizar A. Sheikh, Lynne Strober and Jennifer Presti
  • Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.

    October 02, 2017Karen Levin, Ariel Ronneburger and Damias Wilson
  • The Debate Continues

    Web "scraping" is one method of accumulating data that has sparked recent legal debate, both antitrust and otherwise. Legal challenges to Web scraping have involved privacy claims and claims under the federal Computer Fraud and Abuse Act, in addition to antitrust claims about the need to collect public data to be able to compete freely.

    October 02, 2017Shepard Goldfein and James Keyte
  • The FTC has faulted social media influencers for failing to disclose the payments behind their seemingly organic endorsements. But the FTC only reached settlements with the companies, raising a question of when — if ever — the agency would directly go after the influencers.

    October 02, 2017C. Ryan Barber
  • The first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).

    October 02, 2017Matthias L. Niska