A federal court in Florida has ruled that the “personal injury” provisions of a Travelers / St. Paul commercial general liability (CGL) policy does not cover a data breach caused by third party hackers. The court left unresolved the question whether the “property damage” or the costs of compliance with …
Google’s arbitration and class action waiver provisions in their AdWords agreement provides some lessons for lawyers who draft contracts, particularly ones accepted online and updated via notice, as well as lawyers who litigate over enforcement of arbitration. The recent case of Mark Trudeau and Troy Martial Arts, Inc. v. Google …
Special thanks to ASIS International (Broward County, Florida chapter) for inviting me to speak to them about data breach and cyber security litigation. You can review my powerpoint, here, which explains data breaches in general and then discusses how claims / litigation arises. Most importantly, we discussed how companies can …
The Tor browser, which helps anonymize your internetting, has been updated to version 8. It’s free and worth having on your desktop. First, these steps simple install a secondary browser on your computer. No spyware. It’s not illegal. It’s just a simple browser. Download it here. It will ask you …
According to a recent appellate court opinion, a person can sue the South Florida Fair for personal injuries, but only up to the sovereign immunity limit. In South Florida Fair and Palm Beach County Expositions, Inc. v. Widley Joseph, the appellant (Joseph) was seriously injured at the fair and sued …
Special thanks to National Business Institute (NBI) for hosting this 2-day CLE seminar in Fort Lauderdale, Florida. You can find the seminar information (and download the audio) here. My topics included: Apps and Emerging Technology You Must Know Preserving Electronic Evidence and Avoiding Spoliation Social Media Cases Metadata Made Simple …
Thanks to the Florida Dispute Resolution Conference for inviting me to speak at the 2018 conference. Topics covered: 25 ESI and E-Discovery Terms for Mediators in 75 minutes and Cybersecurity and Data Breach for Mediators. You can download the presentations here and here. If you would like CME points, you …
I read with interest Thomas Julin‘s article, “Weaponized First Amendment Does Not Protect Blueprints for Weapons” in the Daily Business Review. The link is here. Tom sets out the current status of the debate, cites an authority, and concludes that the First Amendment “will not protect publication of information for …
While Reddit users tend to be savvy internetters, few of you have likely bothered to check Reddit’s privacy / personalization settings. You need to. Log into Reddit on your PC/Mac, click your user name in the upper right, and select user settings. Note: you cannot make these changes from the …
The U.S. Supreme Court recently noted, in Carpenter v. US, that Americans “compulsively carry cell phones with them at all times.” For those with iPhones and iPads, have you spent time in Settings protecting your private information? This article from the Palm Beach Bar Association Bulletin, explains ten different ways …
The question about bloggers-using-images-from-the-internet is by no means a new debate but the latest log on this fire is Russell Brammer v. Violent Hues Productions, LLC (E.D. Va. June 11, 2018). This case, which is now on appeal, certainly comes to the aid of bloggers, website owners, and social media …
If you sell enough on Etsy and eBay, you may find yourself having to report sales tax in your buyers’ states. A recent opinion from the U.S. Supreme Court, South Dakota v. Wayfair, Inc. et al., is likely going to lead to new hassles for internet merchants, including possibly individual …
In order to encourage private spaceflight activities, Florida has its own Informed Consent for Spaceflight Act found at Florida Statute 331.501. Let’s discuss how this statute works and assess, if tested, whether it might actually serve its intended purpose. It is not unusual for emerging technology companies to either request …
On May 29, 2018 the U.S. Supreme Court issued a case involving a Fourth Amendment search of a motorcycle parked on the curtilage of a home. In Collins v. Virginia (8-1), SCOTUS held that a motorcycle parked in an enclosed area of a driveway was within the curtilage of the …
A federal judge in the Southern District of New York has issued a 75-page Memorandum and Order concluding that President Trump cannot block Twitter users because aspects of his @realdonaldtrump account is a government-controlled forum and Trump’s viewpoint-based exclusion of the plaintiffs from that designated public forum is proscribed by …
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