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Identifying Unnamed Online Speakers
May 31, 2013
The '<i>Dendrite</i> test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to <i>Dendrite</i>, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since <i>Dendrite</i>, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in <i>Warren Hospital v. John Does (1-10)</i> has limited the application of <i>Dendrite</i>.
June issue in PDF format
May 31, 2013
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IP News
May 31, 2013
Highlights of the latest intellectual property news from around the country.
Lenz Lawsuit Dances to a Fair Use Tune and Heads for Trial
May 31, 2013
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Should Lying About Your Age Online Be a Federal Crime?
May 31, 2013
The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.
FTC Warns Companies of Children's Privacy Violations
May 31, 2013
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Finding Balance in Franchise Agreements
May 30, 2013
Panelists discussed everything from roadblocks for successful operators to sell their franchises, to proper use of advertising funds, to whether franchise executives should appear on the TV show "<i>Undercover Boss</i>" during the opening panel discussion at the IFA's 46th Annual Legal Symposium in Washington, DC, in May.
To Disclose or Not to Disclose?
May 30, 2013
While <I>Hanley v. Doctors Express Franchising, LLC</i> does not demonstrate any significant movement in the law governing FPRs one way or the other, it does demonstrate that FPR claims will not necessarily be readily dismissed, and that the absence of relevant information can be even more important in the context of financial disclosures than the actual accuracy of what is reported.
Attorney Communication with DSS
May 30, 2013
In Article 10 proceedings when Family Court orders DSS to conduct an investigation, attorneys for the responding party and for the child may not contact DSS. But what about Article 6?
June issue in PDF format
May 30, 2013
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