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Crowell & Moring has issued its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.”
The Forecast cover story, “Welcome
Last week, the U.S. Court of Appeals for the Ninth Circuit revived a class action lawsuit related to a 2012 data breach, determining that the future risk of identity theft suffices to establish Article III standing, even where there has been no actual harm. At issue in the case, In re Zappos.com, was whether
Last Thursday, the Fourth Circuit decided a closely followed case on one of the safe harbor defenses under the Digital Millennium Copyright Act (DMCA). See BMG Rights Management (US) LLC v. Cox Communications, Inc., No. 16-1972 (4th Cir. Feb. 1, 2018). The court also addressed the intent standard for contributory copyright infringement.
BMG, an owner of copyrights in digital music files, sued Cox, an internet service provider, for contributory copyright infringement by Cox subscribers engaging in “peer-to-peer” music file sharing. The district court held that Cox was not entitled to the safe harbor defense under Section 512(a) of the DMCA because Cox did not satisfy the conditions under Section 512(i)(1)(A) that it “adopted and reasonably implemented … a policy that provides for the termination in appropriate circumstances of subscribers … who are repeat infringers.” At trial, a jury found Cox liable and awarded BMG $25 million.Continue Reading Fourth Circuit Raises Bar for DMCA Safe Harbor Defense
The Federal Energy Regulatory Commission (“FERC”) recently proposed that the North American Electric Reliability Corporation (“NERC”), which is responsible for promulgating and enforcing FERC-approved mandatory electric reliability standards, revise its Critical Infrastructure Protection (“CIP”) standards to require additional circumstances under which reporting of cybersecurity incidents is mandatory. FERC’s goal is to enhance the awareness of
It’s been said that “A lie gets halfway around the world before the truth can even pull its boots on.” In today’s world of online commentary and social media, this is truer than ever.
In the cyber-world, you or your company may be accused of selling defective goods, providing poor service, misleading customers, defrauding the
Last week, the Federal Trade Commission (“FTC”) announced an agreement settling claims against a television manufacturer arising from the alleged unauthorized collection of television viewing data. The FTC, along with the State of New Jersey, alleged that certain “smart TVs” manufactured and sold by VIZIO, Inc. and its subsidiary VIZIO Inscape Services (collectively, “VIZIO”) failed