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|CJEU in Svensson: A Common Sense Solution But Issues Remain|
William Haig, Ben Hitchens, Akash Sachdeva; Edwards Wildman Palmer LLP;
February 27, 2014, previously published on February 2014The Court of Justice of the European Union issued its long-awaited judgment in in Case C-466/12 Svensson regarding the legality of hyperlinking on 13 February. The case had the potential to upend one of the fundamental building blocks of the internet and electronic communication by deciding that...
|Social Media Pitfalls for Employers|
Michael R. Blum; Foster, Swift, Collins & Smith, P.C.;
February 27, 2014, previously published on February 25, 2014Social networking sites such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Tumblr or Flickr are everywhere, including the workplace. They can be found on employee smartphones, tablets and computers. While employers can benefit from their use, there are risks. Employers establishing social...
|After LabMD: FTC, What Do We Comply With?|
Ann Feldkampt Triebsch; Wyatt, Tarrant & Combs, LLP;
February 26, 2014, previously published on February 20, 2014As observers of data security enforcement are aware, the Federal Trade Commission (FTC) determined on January 16, 2014, that even entities that are already subject to the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) are also subject to FTC...
|ALJ Shaw Denies Summary Determination Of Invalidity In Certain Digital Media Devices (337-TA-882)|
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
February 17, 2014, previously published on February 14, 2014On February 5, 2014, ALJ David P. Shaw issued Order No. 39 in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv. No. 337-TA-882).
|Using Social Media in Hiring Decisions: Is It Really Worth the Risk?|
H. Carlton Hilson; Burr & Forman LLP;
February 14, 2014, previously published on February 2014Employers today often utilize social media websites such as Facebook, Twitter, and MySpace to investigate job applicants (or current employees) as part of the hiring process. This article discusses the following trends and considerations with respect to social media utilization in employment...
|Federal Cyberbullying Law Would Expand Police Powers|
Eric M. Roher; Borden Ladner Gervais LLP;
February 14, 2014, previously published on February 10, 2014Bill C-13, introduced by Federal Justice Minister Peter MacKay on November 20, 2013, would make transmitting intimate images of a person without their knowledge or consent a crime.
|The "Third-Party Allegation" Rule May Not be Dead Yet|
Thomas J. Williams; Haynes Boone LLP;
February 12, 2014, previously published on February 6, 2014To paraphrase Mark Twain's famous quote, it appears that reports of the death of the third-party allegation rule in Texas defamation litigation may have been exaggerated.
|The Year Ahead in Privacy and Data Security|
Timothy J. Toohey; Morris Polich Purdy LLP;
February 11, 2014, previously published on January 27, 20142014 promises to be another eventful year in the privacy and data security fields. Although predictions are necessarily risky, there is little sign that the revelations regarding government surveillance will cease, that cyber criminals and insiders will stop hacking into personal and proprietary...
|Police Officer’s Facebook Rants Not Protected Speech under the First Amendment, Federal Court Rules|
Jackson Lewis P.C.;
February 10, 2014, previously published on February 3, 2014A 26-year veteran police officer’s “venting on Facebook” about her department’s decision not to send officers to attend the funeral of an officer killed in the line-of-duty in another community was not protected speech under the First Amendment, the federal District Court...
|Ripoff Report Removal Strategies: How to Deal with False and Damaging Ripoff Report Posts|
Jordan S. Cohen, Colleen M. Devanney, Whitney C. Gibson, James W. Kelly; Vorys, Sater, Seymour and Pease LLP;
February 7, 2014, previously published on January 31, 2014Everyone has heard the saying “the customer is always right.” Taken a bit out of context, this seems to ring true on consumer complaint website Ripoff Report - even when one of its users is completely in the wrong, by posting false and defamatory information about a business.