Recent Posts

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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On August 18, 2010, the Connecticut Department of Insurance released a bulletin to its regulated entities imposing a new requirement for those entities to notify the Commissioner’s office in writing “as soon as the incident is identified, but not later than five (5) calendar days after the incident is identified.” While Connecticut has had a...

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Congress Acts to Reduce Libel Tourism

Aug 11, 2010 by ZwillGen

President Obama signed HR 2765 into law today, providing defendants with a new arsenal of defenses against the enforcement of foreign libel judgments obtained in jurisdictions with much less stringent libel laws than those in the United States.  The law renders libel judgments inconsistent with the First Amendment or limits placed on personal jurisdiction under...

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Marc Zwillinger On The WikiLeak

Aug 9, 2010 by ZwillGen

In a recent Associated Press article, “Plugging the WikiLeak: What can the government do?” Marc Zwillinger explains why the government may be unable to prevent Julian Assange, an Australian citizen living abroad, from posting classified Pentagon and State Department documents on the Internet....

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HHS announced last week that it was withdrawing a proposed Final Rule on Breach Notification for Unsecured Protected Health Information from Office of Management and Budget (“OMB”) review “to allow for further consideration.” While the agency did not specify why the rule was withdrawn from OMB review, there is some speculation that HHS may be...

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Today in the Washington Post, Marc Zwillinger explains how the proposed addition of electronic communication transaction records to the list of items law enforcement can seek with a national security letter could open a significant amount of Internet activity to government surveillance without judicial authorization, including Web 2.0 and social media.  The article, “White House Proposal Would Ease FBI...

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