Fall 2011 »
Supreme Court Invalidates Vermont Law Limiting Data Mining for Pharmaceutical “Detailing”
By Robert Corn-Revere and Ronald G. London The Supreme Court’s June 23, 2011 decision in Sorrell v. IMS Health Inc. upheld the important First Amendment principle that the government cannot restrict commercial speech on
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Disaster or Disaster Averted? The Second Circuit Limits the First Sale Doctrine
By Christopher J. Robinson A recent Second Circuit decision has highlighted the difficult statutory interpretation and policy issues involved in the interplay between the first sale doctrine and restrictions on unauthorized imports into the
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First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games
By Elizabeth A. McNamara, Christopher J. Robinson, and Samuel M. Bayard On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page
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The Future of the Hot News Misappropriation Tort After Barclays Capital Inc. v. TheFlyontheWall.com
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Internet Privacy Class Actions: How to Manage Risks from Increasing Attacks against Online and Social Media
By Jimmy Nguyen In today’s cyberworld, operating in online and social media can put companies in a special class. Unfortunately, that class could mean a class action lawsuit. Web sites and social media provide
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Supreme Court Affirms Invalidation of California Restrictions on Violent Video Games
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New York Court of Appeals Adopts Broad View of Section 230 Immunity
By James Rosenfeld In its first decision addressing Section 230 of the Communications Decency Act, the New York Court of Appeals (New York’s highest court) has ruled that Section 230 bars tort claims against
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