Preserving Snaps: Understanding Retention Features of Messaging Apps
August 01, 2021
The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
Key Points In Licenses for Sports Betting Rights
July 01, 2021
The legalization of sports betting and the licensure of such rights to new tech market players is redefining sports media and sports law. As a result, contract negotiations are becoming increasingly complex and requiring parties to consider an evolving set of nuanced issues.
SCOTUS Narrowly Interprets CFAA to Avoid Criminalizing 'Commonplace Computer Activity'
July 01, 2021
The Court held that only those who obtain information from particular areas of the computer which they are not authorized to access can be said to "exceed authorization," and the statute does not — as the government had argued — cover behavior where a person accesses information which he is authorized to access but does so for improper purposes.
Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
July 01, 2021
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
3d Circuit Hears Case on Interaction of Publicity Rights and the CDA
July 01, 2021
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
Third Circuit Hears Case On Interaction of Publicity Rights and the CDA
July 01, 2021
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
National Security Implications of the Colonial Pipeline Hack
June 01, 2021
It is difficult to think of a comparable cyber event to the one that effectively shut down the fuel pipeline that feeds over a third of the United States. We are in the midst of a national cyber crisis, and while we may have a blueprint for the resolution of these other crises, things must urgently change on the cybersecurity front.