In its recent opinion in Lindke v. Freed, the U.S. Supreme Court addressed when public officials may be held liable for violating the First Amendment for silencing critics on social media. The Court held that a public...more
3/21/2024
/ Appeals ,
Appellate Courts ,
Disclaimers ,
First Amendment ,
Government Officials ,
Lindke v Freed ,
O’Connor-Ratcliff v Garnier ,
Online Commentary ,
Personal Use ,
Remand ,
Right to Delete ,
Risk Management ,
SCOTUS ,
Social Media ,
State Action Doctrine
The United States Supreme Court has rejected arguments made by Turkiye Halk Bankasi A.S. (“Halkbank”) that, as a majority state-owned bank and thus an agency or instrumentality of the Republic of Türkiye, it enjoys immunity...more
Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this...more
Online background report providers have proliferated on the Internet. Consumers with claims against these sites arising under the Fair Credit Reporting Act (FCRA) have faced hurdles under Section 230(c)(1) of the...more
On October 24, the Ninth Circuit ruled that Section 230 of the Communications Decency Act shielded Reddit Inc. from liability under the Trafficking Victims Protection Reauthorization Act (TVPA).The court considered the text...more
On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more
10/14/2022
/ Certiorari ,
Corporate Counsel ,
Economic Sanctions ,
Foreign Banks ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
Fraud ,
Iran ,
Jurisdiction ,
Money Laundering ,
SCOTUS ,
Subject Matter Jurisdiction ,
Turkey
On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC, No. 21-1333, to address the scope of Section 230 of the Communications Decency Act....more
Does 28 U.S.C. § 1782 (“Section 1782”), which permits litigants to seek the assistance of U.S. district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private...more
On December 10, 2021, the United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No....more
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile...more
On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more
On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more
Welcome to the inaugural edition of Morrison & Foerster’s quarterly newsletter on recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may affect Japanese...more
11/6/2020
/ Arbitration ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Communications ,
FCPA Corporate Enforcement Policy (CEP) ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
International Chamber of Commerce (ICC) ,
Japan ,
LCIA ,
Remote Hearings ,
SCC ,
Securities and Exchange Commission (SEC)
A recent ruling in Parziale v. HP, Inc., arising out of the implementation by Hewlett-Packard (“HP”) of a remote firmware update on many models of the company’s printers, highlights the potentially broad application of the...more
A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more
Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the...more
7/21/2020
/ Advertising ,
Constitutional Challenges ,
Copyright Infringement ,
Corporate Counsel ,
DMCA ,
Due Process ,
IP License ,
Litigation Strategies ,
Personal Jurisdiction ,
Russia ,
Terms of Use ,
Websites ,
YouTube
Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more
Is scraping data from a publicly available website trade secret misappropriation? Based on a new opinion from the Eleventh Circuit, It might be.
In Compulife Software, Inc. v. Newman, Compulife Software, a life insurance...more
An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more
Often lauded as the most important law for online speech, Section 230 of the Communications Decency Act (CDA) does not just protect popular websites like Facebook, YouTube and Google from defamation and other claims based on...more
In the United States, some jurisdictions permit discovery using 28 U.S.C. § 1782 (“Section 1782”) in support of private commercial arbitrations seated outside the United States, and some do not. Notably, the Second Circuit...more
New York courts are increasingly ordering the production of social media posts in discovery, including personal messages and pictures, if they shed light on pending litigation. Nonetheless, courts remain cognizant of privacy...more
A random Twitter account tags a Japanese company and badmouths it in a series of tweets. Because the tweets are tagged, a search of the company’s name on Twitter will display the tweets with the negative comments among the...more
A recent decision from a federal court in New York highlights the limits social media users enjoy under Section 230 of the Communications Decency Act (CDA). The case involves Joy Reid, the popular host of MSNBC’s AM Joy who...more
For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or...more