Cyber Litigation Trends

Cyber Litigation Trends

Trends and legal updates in cyber claims

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Contributory Trademark Infringement: What is it and What are its Implications on the Insurance Industry?

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Contributory Trademark Infringement can Effect Carriers Issuing everything from the Standard Commercial General Liability Policy all the way to an Intellectual Property Trademark Abatement Policy  It may be common knowledge that you cannot directly use someone’s trademark without first seeking permission. However, many carriers may not realize that a party can also be pulled into… Continue Reading

What is a Patent Troll and Why Should Insurers of Software and Internet Based Companies Care?

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Patent Trolls have Cost U.S. Software and Internet based Companies Billions in Litigation Costs and Untold Amounts in Unreported Licensing Fees  Since the mid-2000s, U.S. software and internet based companies have been under attack by patent trolls where losses have numbered in the billions. Hopefully, this article will offer some guidance as to how to… Continue Reading

Email Disclaimers: Recipient Beware

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Email correspondences have become the norm in the legal world to exchange written communications with clients, opposing counsel, and governmental entities. In doing so, however, there exists the risk of inadvertent disclosures. As such, it has become common practice for senders to institute an automated disclaimer at the bottom of each email indicating that the… Continue Reading

The “Real” Owners of Your Social Media Photos

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From capturing those unforgettable life moments to tracking your weight loss goals with fellow dieters – the 21st Century social media craze has truly redefined what it means to share one’s photographs with other Internet users. Today, sharing photographs has become a social media phenomenon in which Internet users have embraced such websites as Facebook,… Continue Reading

When is an Employee’s Speech Through Social Media Protected From an Employer?

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The widespread adoption of social media and other methods of public communication on the world wide web may present uncertainty about an employee’s right to speak freely through these modern forums. In general, an employer may come across public content posted by its employees such as on Facebook and Twitter. When the speech places the… Continue Reading

What is Private on Facebook?

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Largent v. Reed, No. 2009-1823, slip op. (Pa. C.P. Franklin Co. Nov. 8, 2011). Trial courts continue to allow discovery of social network (specifically Facebook) user profiles, and to deflect the privacy arguments offered to limit such discovery. In Largent, a personal injury Plaintiff refused to provide access to her Facebook account as part of… Continue Reading

Publicly Traded Companies Beware of Potential New Suits Per the SEC’s Cyber Risk Disclosure Recommendations

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On October 13, 2011, the Security Exchange Commission, Division of Corporations, released “new guidance” to the shareholder disclosure requirements of publicly traded companies. Specifically, the SEC noted the significance of “cyber risks” in the scheme of assessing the overall risks and liabilities of a business. The rationale for recommending the inclusion of cyber risks relied… Continue Reading

Copyright Infringement on the Web:

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Title 17 of the United States Code is the cornerstone of US copyright law. Modernization of this Act has been required to account for the massive transmission of intellectual property via the internet. As many websites are interactive – invite interactive/third party comments, publications, and content – online service providers are concerned regarding the level… Continue Reading