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Documents on Litigation, Internet & E-Commerce
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|Status Update: Social Media and the Service of Documents|
Jeremy Busch-Howell, Roland Hung; McCarthy Tétrault LLP;
May 10, 2013, previously published on May 7, 2013State Representative Jeff Leach of Texas recently proposed a bill that has generated significant discussion about the utility of social media in litigation proceedings. The yet untitled bill, HB No. 1989, proposes to allow substituted service in Texas through a social media website if a court finds...
|Browse Away - UK Supreme Court Says Temporary Copies of Copyright Works Produced While Browsing Do Not Infringe Copyright, But Plays It Safe by Seeking a Preliminary Ruling from the CJEU|
Akash Sachdeva; Edwards Wildman Palmer LLP;
May 2, 2013, previously published on May 2013On 17 April 2013, the UK Supreme Court gave its judgment in Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others  UKSC 18.
|The Second Opinion: UK Supreme Court Decides It’s Okay to Look|
Kirsten Thompson; McCarthy Tétrault LLP;
April 24, 2013, previously published on April 19, 2013Is there a difference between having a collection of headlines assembled in a report and sent to you by email versus viewing that same report on a website? The UK Supreme Court recently decided there is, overturning the decisions of the courts below and holding that the latter activity is covered...
|Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?|
Cécile Martin; Proskauer Rose LLP;
April 17, 2013, previously published on April 17, 2013Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions ¿ one in France and the other in Germany ¿ arrived at different answers. The Civil Court of Paris held that Twitter, based in California, was obligated under the...
|Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response|
Joshua F. Gruenspecht, Stuart D. Levi, Shari L. Pire, Pierre Servan-Schreiber; Skadden, Arps, Slate, Meagher & Flom LLP;
April 10, 2013, previously published on April 8, 2013The media is replete with reports of a botnet onslaught paralyzing Spamhaus, flaming worms usurping strategic information in the Middle East and a stuxnet super weapon wreaking physical damage to Iran’s nuclear reactors. Behind these barbaric neologisms hides a real and serious threat to most...
|Service of Process through Social Media|
Philip H. Cohen; Greenberg Traurig, LLP;
March 27, 2013, previously published on March 22, 2013In the matter of Federal Trade Commission v. PCCare247 Inc., Case No. 12 Civ. 7189 (PAE), 2013 WL 841037 (S.D.N.Y. March 7, 2013) (PCCare247), the United States District Court for the Southern District of New York sanctioned using social media as a means of circumventing the Hague Service...
|Federal Court in Arkansas Finds Insurer Entitled To Reformation|
George B. Hall; Phelps Dunbar LLP;
March 22, 2013, previously published on March 2013A federal district court in Arkansas has held an insurer entitled to reform a policy that was erroneously issued without a law enforcement exclusion. Harleysville Worchester Ins. Co. v. Diamondhead Property Owners Ass’n, Inc., 2013 WL 392478 (W.D. Ark. Jan. 31, 2013).
|Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.|
Christophe R. Difo; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 22, 2013, previously published on March 20, 2013In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm). At that time, the United States District Court for the District of Pennsylvania dismissed Ms....
|Damages for Online Defamation|
Owen Bourns; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
March 21, 2013, previously published on March 19, 2013The hay day for people to retreat to the internet and anonymously and publicly defame others behind a veil of secrecy, without feat of liability, are coming to an end.
|Avoiding Inadvertent Privilege Waivers: A Primer|
Licyau Wong; Foley & Lardner LLP;
March 14, 2013, previously published on March 12, 2013You are an associate in a law firm who has just been assigned the responsibility of managing a document production in a breach of contracts case. There are 700,000 electronic documents to be reviewed, and there is a court-ordered deadline for the production in two weeks. Fast forward a few months,...