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Category Archives: Web/Tech

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The Seventh And Ninth Circuits Split On What Constitutes “Without Authorization” Within The Meaning Of The Computer Fraud And Abuse Act

Posted in Trade Secrets, Web/Tech

By Dale C. Campbell and David Muradyan The Seventh Circuit and the Ninth Circuit do not agree on what constitutes “authorization” under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (2004) (“CFAA”)?  The CFAA prohibits accessing computers “without authorization” or “exceed[ing] authorized access” to take various forbidden actions, ranging from obtaining information to… Continue Reading

Online Retailer Not Liable for Libelous User Posts

Posted in Web/Tech

by Jeff Pietsch In a recent case from the Eastern District of Missouri, Cornelius v. DeLuca (E.D. Aug. 18, 2009), the district court addressed whether a fitness website and online retailer was liable for negative comments and reviews posted by users concerning plaintiffs’ dietary supplements.  In Cornelius, plaintiffs Cornelius and Syntrax Innovations, Inc. alleged that… Continue Reading

Updating California’s Discovery Rules with the Electronic Discovery Act

Posted in Web/Tech

by Dale Campbell and Emily Hirsekorn State rules concerning electronic discovery just got clearer. On June 29, 2009, Governor Schwarzenegger signed the Electronic Discovery Act (the “Act”), which became effective immediately. Just last year, the Governor vetoed an almost identical version of the Act in order to focus more attention on the budget crisis. Of course, we see how… Continue Reading

Employers: You May Be Eligible for Immunity Under the Communications Decency Act

Posted in Cyberspace Law, Privacy, Web/Tech

By James Kachmar           A California appellate court affirmed last month that an employer is entitled to immunity from tort liability for threatening emails sent on or through the employer’s internet/email system by one of its employees. On December 14, 2006, the Sixth Appellate District in the case Delfino v. Agilent Technologies, Inc., 2006 WL3635399, affirmed… Continue Reading

Early Stage Companies and Strategic Business Alliances

Posted in Web/Tech

By: R. Todd Wilson Early stage companies often hope to gain significant operational advantage by forming strategic alliances.#160 Such alliances may significantly accelerate the growth of such companies.#160 By collaborating to achieve mutual commercialization or implementation goals, the entities that form such alliances seek to maximize the value of each entity’s intellectual property in ways… Continue Reading

Just Say Yes! Supreme Court Ruling May Expand Availability and Variety of Drugs

Posted in Web/Tech

By Adam Jones In a case that will dramatically impact both the pharmaceutical and biotech industries, the U.S. Supreme Court recently expanded the ability of researchers to experiment with patented drugs without being held liable for patent infringement.#160 In a unanimous ruling, the Court held that the use of patented compounds in preclinical studies is… Continue Reading

High Tech Company Formation Requires Careful Consideration

Posted in Web/Tech

By Julie Garcia Determining the choice of entity for a high technology company can be a daunting task. In general, careful consideration should be given to the choice of entity when forming any type of company; however, high technology companies have additional issues that may alter the decision regarding the choice of entity. Generally, raising… Continue Reading