News & Media
Mother Jones "wins" defamation suit, pays $2.5 million to get there
Updated here.
Right to Be Forgotten Ruling Means that He Will Never Be Forgotten
In May 2014, the European High Court ruled that EU citizens had a right to data privacy that included a right to insist that Google de-list old or irrelevant links about them. (Case) It was mis-named a “right to be forgotten,” as there is no such right at all. While it is easy to sell the public on a newfound
Using State Law to Counter a Business Defamation Claim
by Jay Marshall Wolman Readers of this blog know that Marc is giddy that the Federal Trade Commission has sued Roca Labs. One of the more interesting features of the suit is that the FTC argues that legal action arising from negative reviews, which the FTC terms “gag clause practices”: not only injure the purchasers threatened for complaining or expressing negative
Lanham Act doesn't get you around the First Amendment
RLG just got a summary judgment order in Tobinick v. Novella. In that case, we first got an Anti-SLAPP order against a California plaintiff who filed a SLAPP suit in Florida (perhaps hoping that Florida’s courts wouldn’t realize that a CA plaintiff can’t run away from his anti SLAPP law). (Order here) However, the Plaintiff maintained that our client’s articles
ROCA LOCA!!!!! THE FTC IS COMING AFTER ROCA LABS!!!!!
The Federal Trade Commission has come after the lovely Roca Labs, Don Juravin, and George C. Whiting. Complaint here. Entire docket here.
Denali Ain't Just a River in Egypt
by Jay Marshall Wolman, CIPP/US I hate to admit it, but I first learned the term “Denali” when reading the Twilight series. My wife and I had taken a vacation to the Pacific Northwest and visited the Olympic peninsula. Edward and Bella references were everywhere, and we had no clue what it was all about. So, I read the books.
Ashley Madison and Standing
by Jay Marshall Wolman, CIPP/US Recently, this blog has published posts on a new Connecticut law and a 7th Circuit ruling on data breach, both of address the issue of standing in class action data breach suits. Standing, in plain terms, means having a legal right to sue based on an injury to you. The Sierra Club may have standing
Knowing Employee Legal Rights
by Jay Marshall Wolman, CIPP/US Shameless self-promotion: Today, I had the privilege of presenting “Knowing Employee Legal Rights” to a Cornell Alumni Leadership Lunch and Learn along with Prof. David Sherwyn. Video is here: https://vod.video.cornell.edu/media/Leadership+Lunch+and+Learn+Knowing+Employee+Legal+Rights/1_lymufsk9 Downloadable slideshow here: http://alumni.cornell.edu/caco/documents/CornellLunchandLearn-KnowingEmployeeLegalRights.pdf Enjoy!
And Then a Sensible Dinner
by Jay Marshall Wolman, CIPP/US I was driving home from Philadelphia this past Sunday after a wedding, when I learned about the dietary habits of Attorney Rand Spear. (Something like the Rand Corporation, only smarter.) The story is nothing new. And, apparently, Mr. Spear holds a trademark in that phrase. This serves as a reminder that phrases can be trademarked.
We Gettin' Money, Bank Roll, Supersized: Digesting the 7th Circuit's Data Breach Ruling
by Brent Tuttle, CIPP/US, E* Recently, the 7th Circuit handed down a ruling in a data breach case that has class action plaintiffs’ attorneys poppin’ bottles. The case is Remijas v. Neiman Marcus Grp., LLC, No. 14-3122, 2015 WL 4394814 (7th Cir. July 20, 2015). Background: Between July 16, 2013 and October 13, 2013, malware found its way onto the
A Federal Pure Bill of Discovery
by Jay Marshall Wolman I read an interesting case over the weekend. You may recall the case of Heleen Mees allegedly stalking Citigroup chief economist Willem Buiter. She was charged with five misdemeanor counts after, it seems, an affair with the married Buiter didn’t pan out. The charges were dropped as part of a deal. However, the story doesn’t end
Updates in Railroad Employee Liability Law
by Jay Marshall Wolman In addition to my usual lawyerly activities, I am also a Vice Chair of the Workers’ Compensation and Employers’ Liability Law Committee of the American Bar Association’s Tort Trial and Insurance Practice Section. Probably the longest line on my resume. The Committee’s Spring 2015 Newsletter is out. I contributed an article on updates on the Federal
Problems with Revenge Porn Laws
by Jay Marshall Wolman Revenge porn is bad, and this blog has been active in fighting it. As a moral matter, it is a pretty easy thing to address. As a legal matter, it is not. More and more states have been passing laws against revenge porn. California, for example, in 2013, added Penal Code Section 647(j)(4), The meat is
Professor Franks and the False Dichotomy
by Jay Marshall Wolman Apparently, along with Eric Turkewitz, I have been blocked on Twitter by Mary Anne Franks. A Rhodes Scholar and woman of letters, Dr. Franks has divined that I am not worthy of comment. According to Dr. Franks, I am a “false rape truther“. Presumably, she means to equate questions about false accusations with rape with those
Is Use Discrimination Unlawful if Customers are Treated Equally?
By Jay Marshall Wolman There has been significant commentary in the blogosphere about a recent order out of Oregon allegedly imposing a gag order on a bakery that expressed an aversion to same sex weddings. I’ll leave the First Amendment analysis to Ken White at Popehat and Eugene Volokh as linked above. I’m a little more concerned with the order’s analysis
TurkishTowels.com domain name protected from attempted seizure
Randazza Legal Group protects TurkishTowels.com domain name from attempted seizure.
A Cost-Imposing Law that may Indirectly Save Millions
by Jay Marshall Wolman, CIPP/US This past June, the Connecticut General Assembly enacted Public Law No. 15-142, ostensibly to improve data security in the state. It follows on the heals of the Anthem Data Breach earlier this year. The first major provision governs state contractors in receipt of confidential information received from the state. The second major provision, addressed to Anthem
The Expansion of Regarded-As Discrimination
by Jay Wolman The Americans with Disabilities Act protects three categories of individuals: those presently disabled, those previously disabled, and those perceived to be disabled. The latter is deemed “regarded as”; it does not require the member of the protected class to actually have or have had a physical or mental impairment that substantially limits a major life activity. This
The Future of Restrictive Covenants in Settlements and Severance
by Jay Wolman The law is ever changing and what is common may, at some point, become unlawful (or already is without folks realizing it). Recent developments in statutory law and enforcement actions in existing law have really made me think about all of those clauses that commonly appear in agreements with former employees, whether as part of a severance
If you ever wonder if being a lawyer is hard…. (City of Inglewood v. Teixeira)
Do you? Are you a law student, worried that you might not pass the bar? If you’re that worried, read this shit and remember that the idiot who filed this idiotic lawsuit is not only licensed, but has clients. See Inglewood, California Sues YouTube Critic For Copyright Infringement Over Use Of City Council Videos (here) The City of Inglewood is
