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Morgan Lewis

Second Circuit 'Shuts the Door' on Meta Pixel VPPA Claims

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The US Court of Appeals for the Second Circuit has repeatedly affirmed dismissals of putative class actions brought under the Video Privacy Protection Act (VPPA) based on the use of third-party tracking technologies. The...more

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

A&O Shearman

Federal Circuit Affirms Non-Infringement At Summary Judgment On “Document Stream” Patents In Mirror Worlds Technologies, LLC v....

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Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In...more

A&O Shearman

United States Supreme Court Grants Certiorari To Consider When Already-Materialized Risks Must Be Disclosed

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On June 10, 2024, the United States Supreme Court granted certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit that partially reinstated a putative class action asserting claims under...more

Saiber LLC

A Possible ‘High Noon’ for Social Media Platforms Looms at the Supreme Court

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The August 13, 2021 Trending Law Blog post discussed how, in NetChoice, LLC v. Attorney General, State of Florida, the United States District court for the Northern District of Florida enjoined Florida from enforcing a law...more

Weintraub Tobin

Area Man Defends the Rights of Satirists: The Onion’s Headline-Grabbing Amicus Brief Defends the Right to Deadpan Parody

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The Onion recently filed a headline-grabbing amicus brief intended to defend the rights of Ohio amateur satirist Anthony Novak. Novak created the “City of Parma Police Department” Facebook account, admittedly to exercise his...more

Stikeman Elliott LLP

Advertisers Bear Burden of Proving Individuals’ Consent to Appear in Ads, B.C. Court Rules – Also Holds that Legislatures Cannot...

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In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

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In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Schulte

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

Fitch, Even, Tabin & Flannery LLP

PTAB Estoppel Decisions Under § 315(e)(1) Occurring After Institution Are Reviewable on Appeal

On March 9, in Uniloc 2017 LLC v. Facebook Inc., the Federal Circuit held that the no-appeal provision of 35 U.S.C. § 314(d) does not preclude appellate review of the PTAB’s estoppel determination under section 315(e)(1) when...more

Downs Rachlin Martin PLLC

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable.  See, e.g., Lewis v. Bellows Falls...more

Butler Snow LLP

Court Allows Company to Surreptitiously Monitor Former Employee’s Social Media Account to Support its Trade Secrets Claim

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A federal court of appeals recently found that there was nothing wrong with a company monitoring a departed employee’s Facebook account and using that information to pursue a trade secrets claim against four former employees....more

Fisher Phillips

A Company’s Facebook Snooping Didn’t Prevent Critical Trade Secrets Injunction

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Can a former employer’s alleged misconduct defeat a request for injunctive relief against former employees when those departing workers take confidential information and clients to another employer? A federal appeals court...more

Poyner Spruill LLP

Politicians in Cyberspace: Fourth Circuit Holds That First Amendment Bars Officials From Blocking Users On Social Media

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The Fourth Circuit has held that a Virginia politician who temporarily barred a constituent from her Facebook page violated the First Amendment. The ruling is the first appellate guidance analyzing the knotty issue of whether...more

Hanzo

Case Law Summary: Are “Private” Facebook Posts Discoverable?

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In the recent case of Forman v. Henkin, the New York Court of Appeals ruled that “private” Facebook posts were subject to the standard rules of discovery....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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We’ve been keeping tabs on the high-profile CEOs who have withdrawn from Saudi Arabia’s coming investment conference over the past few weeks. But pulling out the conference is very different from severing ties with the...more

Fisher Phillips

Private Facebook Posts Could Be Fair Game For Discovery

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New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more

Robins Kaplan LLP

The NY Court of Appeals Holds Social Media Discovery “Material and Necessary”

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On a motion to compel that remarkably made its way all the way to the Court of Appeals, New York’s high court holds that even materials deemed “private” by a Facebook user are subject to discovery, if relevant....more

Proskauer - Minding Your Business

N.Y. Court of Appeals: No Difference Between “Private” and “Public” Posts in Discovery

Those who thought designating social media posts as “private” would be sufficient to shield them from outsiders—including opposing parties in litigation—had better think again. On February 13, 2018, the New York Court of...more

Proskauer - New Media & Technology

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

Morrison & Foerster LLP - Social Media

New York’s Highest Court Rebuffs Facebook’s Efforts to Protect the Rights of Its Users in Search Warrant Fight

Facebook’s four-year battle on behalf of its users, seeking to quash 381 warrants obtained by the New York County District Attorney’s Office, has come to a close. The decision of the New York Court of Appeals—which is New...more

Fisher Phillips

F-Word Facebook Firing Flipped By Federal Court

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In a ruling that could leave employers fuming and possibly cursing, a federal appellate court ruled that an employee who used a public Facebook page to curse out not just his boss, but also his boss’s mother and entire...more

Patterson Belknap Webb & Tyler LLP

When Using a Computer Becomes a Crime, Part Two: ACLU, Facebook Weigh In on Ninth Circuit’s Answer

The Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union (“ACLU”) have weighed in on Facebook’s high-profile dispute with a social media aggregation company over whether it had unlawfully accessed...more

Robinson+Cole Data Privacy + Security Insider

Facebook Wins Appeal Over Storing Non-User Data in Belgian Court

The Belgian data protection authority has lost its legal battle with Facebook over whether the social network could track the online activities of non-Facebook users in Belgium who visit Facebook pages....more

Robinson+Cole Data Privacy + Security Insider

Court “Likes” NLRB’s determination that Facebook posts are protected under the NLRA

The Second Circuit Court of Appeals recently upheld the National Labor Relations Board’s (NLRB) decision that employees’ Facebook posts are protected by the National Labor Relations Act (NLRA). Three D, LLC d/b/a Triple Play...more

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