Recent Posts

In Caldwell v. Cheapcaribbean.com, No. 2:09-cv-13828, 2010 WL 3603778 (E.D. Mich. Sept. 8, 2010), the District Court for the Eastern District of Michigan denied Defendant Cheapcaribbean.com, Inc.’s (“CheapCaribbean”) motions to dismiss, finding that the internet travel site was subject to limited personal jurisdiction in Michigan and that the forum selection clause included in the website’s terms of...

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The Eastern District of Virginia, in Cvent, Inc. v. Eventbrite, Inc., No. 10-cv-00481 (E.D. Va. Sept. 14, 2010), dismissed a Plaintiff’s claims under the Computer Fraud and Abuse Act (“CFAA”) and for breach of contract, finding that browsewrap terms of use displayed as a link at the bottom of a webpage along with numerous other...

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Today Marc Zwillinger will be testifying before the House Judiciary Committee, Subcommittee on the Constitution, Civil Rights and Civil Liberties at the Rayburn building on the topic of ECPA Reform and Cloud Computing. This will be his second, and likely last time testifying before the committee on the topic of ECPA reform during this series of hearings....

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 In a recent National Law Journal article by Mike Scarcella, “Email Fight Ensues in Lawsuit Over Slain Lawyer’s Death: Widow’s lawyers want Arent Fox to turn over messages drafted by former law firm partner,”  Marc Zwillinger is quoted regarding email privacy in the workplace and the spousal privilege as it applies to the high profile Robert Wone wrongful death litigation.   ...

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On September 7, 2010, the Third Circuit Court of Appeals issued an opinion in a narcotics case containing two key holdings regarding the standard by which the government can access records of historical cell site location information (“CSLI”).  The first holding was unsurprising. The Third Circuit held that under the Electronic Communications Privacy Act, 18...

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Last Friday, September 3, 2010, Plaintiffs and Class Counsel moved for preliminary approval of the settlement agreement in the In Re Google Buzz User Privacy Litigation.  The class action suit, filed in the Northern District of California, was spurred by Google’s launch of its social network, “Google Buzz” on February 9, 2010.  Plaintiffs alleged that...

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