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Lawyer’s tweet about case was not defamatory 25 Aug 2013 | 07:03 am
Plaintiff sued an attorney and his law firm for defamation over a tweet the attorney posted about one of his cases that read as follows: [Plaintiff] runs an organization for the benefit of its office...
When the “entire agreement” isn’t the entire agreement 18 Aug 2013 | 10:01 am
Software licenses are often complex documents comprised of multiple exhibits, schedules, and terms and conditions, co-authored by lawyers, sales people and engineers. And when disputes over the use of...
Can the government violate the Computer Fraud and Abuse Act? 5 Aug 2013 | 11:15 pm
Short answer: Pretty much no. The Computer Fraud and Abuse Act is found at 18 U.S.C. 1030. Subpart (f) reads as follows: This section [i.e., the Computer Fraud and Abuse Act] does not prohibit any l...
Independent contractor’s email was key factor in finding he had apparent authority to bind principal 4 Aug 2013 | 09:12 am
Defendant petroleum producer hired an independent contractor to negotiate oil and gas leases on its behalf. One such lease was with plaintiff, which the independent contractor negotiated in large part...
Court slaps Prenda client with more than $20,000 in defendant’s costs and attorney’s fees 25 Jul 2013 | 06:27 pm
AF Holdings, represented by infamous copyright trolls Prenda Law, voluntarily withdrew its copyright infringement claims against the defendant, an alleged BitTorrent infringer. Defendant sought to rec...
Fair use questions defeat class certification in Google Book Search case 2 Jul 2013 | 07:36 pm
Last year, the district court judge overseeing the Google Book Search case certified the plaintiff-authors as a class in the action the Authors Guild filed against Google in 2005. Google opposed the m...
Court sides with Apple in copyright dispute over photo in iPhone commercial 1 Jul 2013 | 08:35 am
Plaintiff photographer took a photo that Apple used in an April 2010 TV commercial for the iPhone 3GS. The 30-second commercial showed the photo for about 5 seconds. Plaintiff sued for copyright infri...
Judge who was Facebook friends with victim’s father did not have to recuse himself 22 May 2013 | 02:00 pm
Case provides valuable guidance to judges on how to responsibly handle social media connections and communications. Judge sent defendant to prison for assaulting defendant’s girlfriend. Defendant app...
Can an LLC member violate the Stored Communications Act by accessing other members’ email? 21 May 2013 | 01:31 am
Yes. Two members of an LLC sued another member and the company’s manager of information services alleging violation of the Stored Communications Act, 28 U.S.C. 2701 et seq. Defendants moved to dismis...
Ninth Circuit affirms that Righthaven had no standing to sue as a copyright owner 9 May 2013 | 09:47 pm
Righthaven LLC v. Hoehn, No. 22-16751 (9th Cir. May 9, 2013) The copyright holder in certain newspaper articles granted to Righthaven the awkwardly-articulated rights “requisite to have Righthaven re...
