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Online Platforms Appeals

McDermott Will & Emery

Plausibly Alleging Access Requires More Than Social Media Visibility

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The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more

Snell & Wilmer

Ninth Circuit Substantially Expands Personal Jurisdiction Over E-Commerce Businesses in Briskin v. Shopify

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On April 21, 2025, the United States Court of Appeals for the Ninth Circuit, sitting en banc, issued a decision in Briskin v. Shopify, Inc. substantially broadening the exercise of personal jurisdiction over online businesses...more

Cozen O'Connor

Ohio AG Not Backing Down on Social Media Parental Consent Law

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Ohio AG Dave Yost announced plans to appeal a federal court decision that struck down the state’s Parental Notification by Social Media Operators Act, which would have required online platforms to obtain parental consent...more

Weintraub Tobin

(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test

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On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for...more

Klein Moynihan Turco LLP

TCPA Claim Defense Bites The Dust

A notable decision from the Ninth Circuit Court of Appeals has significant ramifications for companies defending against Telephone Consumer Protection Act (“TCPA”) claims. Below, we discuss the Court’s decision and its...more

Proskauer on Privacy

Ninth Circuit Reshapes Personal Jurisdiction Standards for E-Commerce Platforms in Briskin v. Shopify

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In a recent decision by the Ninth Circuit in Briskin, the court ruled that e-commerce platform Shopify purposefully directed its conduct toward California because of its nationwide operations, rejecting the need for...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit En Banc Reverses Panel Decision and Holds Non-Resident Corporation Providing Web-Based Payment Processing Platform...

In Briskin v. Shopify, Inc., No. 22-15815, 2025 U.S. App. LEXIS 9410 (9th Cir. Apr. 21, 2025), the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that the Canada-based company Shopify, Inc....more

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

Hogan Lovells

When AI and Copyright clash: Chinese courts find AI platform liable for contributory copyright infringement based on AI generated...

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The Hangzhou Internet Court recently found a Chinese AI platform liable for contributory copyright infringement, after the platform allowed users to create, apply and share models enabling the AI generation of variations on...more

Seyfarth Shaw LLP

Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA

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Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes....more

McDermott Will & Emery

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

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The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

Sheppard Mullin Richter & Hampton LLP

In a Case of First Impression, Ninth Circuit Addresses Personal Jurisdiction Issues Involving Non-Resident Corporation Providing a...

In Briskin v. Shopify, Inc., No. 22-15815, 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the United States Court of Appeals for the Ninth Circuit held that the Canada-based company Shopify, Inc. (“Shopify”), which provides a...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Perkins Coie

Supreme Court Reinstates Injunction Against Texas Social Media Law

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In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to...more

Faegre Drinker Biddle & Reath LLP

Strike Two for Amazon in the California Court of Appeal

A California Court of Appeal has held that Amazon may be strictly liable for injuries to customers who bought products from third-party sellers offered on Amazon’s website.  (See discussion of Bolger decision...) In Kisha...more

Fenwick & West LLP

Section 230 and the Future of Content Moderation

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The Communications Decency Act of 1996 (CDA) was a landmark law enacted to regulate content on the internet. The purpose of the legislation was to regulate indecent and obscene material online, but it is most relevant today...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

WilmerHale

Second Circuit Affirms Broad Immunity for Online Providers to Remove Third-Party Content from Their Websites

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Earlier this month, in Domen v. Vimeo, Inc., a panel of the U.S. Court of Appeals for the Second Circuit held that a relatively unused subpart of Section 230 of the Communications Decency Act (CDA) - namely, 47 U.S.C. §...more

Fenwick & West LLP

Second Circuit Affirms Video Sharing Site’s Immunity From Suit Under CDA Section 230 For Removal of User Content

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In a ruling that affirms the immunity of user-generated content platforms from suit for removing content from their sites, a panel of the U.S. Court of Appeals for the Second Circuit unanimously held that Section 230 of the...more

Faegre Drinker Biddle & Reath LLP

California Court of Appeal Finds Amazon Is Not Shielded from Liability for Defective Product Sold Through Its Website

In a decision that may impact future e-commerce, the California Court of Appeal held in Bolger v. Amazon.com, LLC that under California law, Amazon could be strictly liable for an allegedly defective battery manufactured by a...more

Butler Snow LLP

A Link in the Chain? Developments Regarding E-Commerce Website Liability for Defective Products Sold by Third-Party Vendors

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More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more

Ballard Spahr LLP

Fourth Circuit Rules Maryland Online Political Ad Law Unconstitutional

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The U.S. Court of Appeals for the Fourth Circuit has affirmed a victory by a coalition of news organizations that publish in Maryland in their challenge to a state law that would have placed significant burdens on them as...more

Carlton Fields

Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit

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The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance...more

Rumberger | Kirk

Third DCA Confirms that Florida Statute Extends Beyond School Property and into Cyperspace

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On October 16, 2019, Florida’s Third District Court of Appeal upheld a conviction under Florida Statute section 877.13. The statute makes it a second degree misdemeanor for someone “[k]nowingly to disrupt or interfere with...more

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