Searching Content indexed under Litigation, Mediation & Arbitration by Mark Sableman ordered by Published Date Descending.
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Bumble Stumbles: State Policy Interests Override Dating App's Contractual Forum
In the strange multi-national world of Internet commerce, it's not always clear where lawsuits can be brought.
United States
2 Aug 2019
Why We Permit Fake Identities, Even For Russian Disinformation Campaigns
A detailed report on Russia's disinformation campaign notably never questioned the fact the Russians had the opportunity
28 Dec 2018
Too Hyperbolic To Be Believed: How Social Media Is Transforming Libel Law
The Internet has clearly changed how we think about facts and truth, as the Stormy Daniels versus President Donald Trump case illustrates
United States
25 Oct 2018
New Internet Frontier: You Can Defame Through Your WiFii Name
Defamation by tweet isn't news anymore, but surely a new barrier was broken when the Idaho Supreme Court found potential defamation in the name a family gave to their home wireless network.
United States
14 May 2018
‘Secret' Keys To Effective Legal Demands And Responses
Internet disputes are often resolved through correspondence. But effective dispute-resolving correspondence often differs from what most people think of as "cease-and-desist letters," "lawyer letters" or "nastygrams."
United States
5 Jan 2018
It's No Joke: Some Copyrights Are Thin Weaklings
A copyright is an intangible property right. I sometimes suggest thinking of a copyright as a cloud hanging over its creator even when the underlying tangible work is somewhere else.
United States
6 Nov 2017
Your Trademarks Now Can (But Needn't) Be Offensive
If you want to — though we don't encourage it — you can now disparage ethnic groups in your federally registered trademarks.
United States
28 Jun 2017
All Infringements Aren't Equal
Are all copyright infringements created equal? Or should courts distinguish between different levels of intent, significance, and harm? Results in two recent cases suggest that circumstances have significant effects on damages and attorneys' fee awards.
United States
21 Jun 2017
Who Reads Privacy Policies?
Americans' privacy is protected on the Internet and mobile apps by a classic disclosure system — we expect those who collect, use, and transfer data to disclose their practices.
United States
12 Jun 2017
Libel By Tweet. #Beware.
Everything is terse on Twitter.
United States
16 May 2017
Trump Libel Win Based On Trump Libel Loss
President-elect Donald Trump just won a libel case against a critic — for the very same reason that real estate developer Donald Trump lost a libel case against a critic...
United States
20 Jan 2017
Beyoncé's Copyright Case Was Destined For Dismissal
For an entertaining education in how to analyze copyrightable similarity, you can't do much better than U.S. District Cout Judge Jed S. Rakoff's decision in Fulks v. Knowles-Carter...
United States
10 Oct 2016
In Pegasus-Related Copyright Suit, Judge Sidelines As Art Critic
The analysis in an art copyright case can sound like a class discussion in Art Appreciation 101. Take the case of Croak v. Saatchi & Saatchi, which could also be called Pegasus I v. Pegasus II.
United States
22 Sep 2016
Do You Have Privacy Rights On Social Media?
Consider an individual's postings on Facebook. A Facebook user may view his or her personal Facebook page as his or her domain, a little like his or her home.
United States
18 Jul 2016
Signer With Remorse Seeks To Avoid ‘Unrestricted' Photography Release
Elodie Passelaigue made various legal claims against Getty Images over its licensure of an image of her for Botox ads.
United States
8 Jun 2016
Done Properly, Can A Creative Commons License Make For An Easy Defense?
An infringement claim can be easy to assert – the plaintiff just shows ownership of a valid copyright, and the copying of his or her work.
United States
18 May 2016
Tank-Topped Photos Subjects Don't Meet Standard Of ‘Substantial Similarity'
How much of a photo must be taken in order to meet the copyright standard of "substantial similarity"? According to a district court in New York, you need more than a man standing in front of a crowd, wearing a white tank top...
United States
18 May 2016
Is Everyone's Website Illegal?
Your website consists of visible text and graphics, geared to the sighted reader.
United States
11 May 2016
Rapper Rumble Leads To Legal Rumble Over Use Of Tweet
If you have any remaining doubts that even tiny tweets can lead to major litigation, consider the "Ri-Ri's Rumble" case.
United States
9 Feb 2016
Will The Zippo Sliding Scale For Internet Jurisdiction Slide Into Oblivion?
Though Internet communications seem to occur in a mystical electronic ether, authors of Internet messages can be held accountable for them in that very traditional physical place known as a courthouse.
United States
12 Jan 2016
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