Advertising Law Summary
The Summary covers areas for which the advertiser and/or publisher could be liable. It ranges from the content of the advertisements (discrimination to defamation) to the manner and placement of advertising
Fair Report 50-State Survey
The Fair Report Survey 50-State is a state-by-state guide to the idiosyncrasies of the fair report privilege.
Source Anonymity: A Practical Checklist of Issues and Questions
A practical checklist for when a client seeks advice about potential liability arising out of publishing information where the source was not legally authorized to obtain and/or disclose the information, and insists on a promise of confidentiality.
Espionage Act Prosecutions Against the Press
A collection of resources discussing the legislative history and statutory interpretation of the Espionage Act, assorted First Amendment issues implicated in a prosecution of the press, particular defenses under criminal law, the history of the publication of government secrets in the United States, the historical application of the Act, and more.
Drones: Regulation and Practices
A report summarizing the FAA’s rules governing the use of a drone by members of the media. The report also covers other applicable federal regulations, best practices, criminal statutes that might be implicated with drone use, and potential developments in 2018, along with links to helpful portals, policies and other resources.
Recent Developments With The Computer Fraud and Abuse Act
Courts' applications of the CFAA vary markedly, in large part due to the differing interpretations of the CFAA's key provisions. This article examines this varied treatment.
User Generated Content: Snapshot of Legal Issues
Allowing users to post content can raise a host of legal issues, including copyright and trademark infringement, libel/defamation, rights of publicity/privacy and false advertising. This brief snapshot will provide an overview of some of the key issues raised by engaging with UGC.
Enforceability of Electronic Contracts
When determining the enforceability of an electronic contract, a court will apply the same principles of contract law as it would to a traditional paper agreement.
Extent of ISPS’ Duties to Prevent Infringement (DMCA §512(I))
To protect ISPs that act with no direct or effective knowledge of its users' infringing activities from copyright infringement lawsuits, Congress passed the Digital Millennium Copyright Act.
Potential Exposure for Accessing and Using Digital Records
Courts applying the SCA have arrived at divergent outcomes on whether access to such information is impliedly authorized, depending on what information is accessed, and where the information is housed.