Author Archives: Paul Levy

Ninth Circuit poised to resolve major free speech issue in secret proceeding

by Paul Alan Levy The United States Court of Appeals for the Ninth Circuit has issued an order signed only by the Clerk declaring that a significant free speech issue bearing on the rights of anonymous Internet users will be decided in a totally secret proceeding, involving sealed briefs, a sealed record, and without any […]

Enabling Facebook Users to Protect Their Free Speech Rights

by Paul Alan Levy An important appeal is pending in the District of Columbia Court of Appeals – the highest appellate court in D.C. The federal government served D.C. warrants on Facebook, demanding access to the entirety of 90 days worth of communications in three separate Facebook accounts, including identifying information.  (Presumably, the reason why […]

Fake Litigation 2.0: Defrauding an Arizona Court to Sanitize Megan Welter’s Reputation

by Paul Alan Levy Ever since Eugene Volokh and I started writing last year about the phenomenon of “fake defamation litigation” — lawsuits filed to suppress online criticism while ensuring that the person whose speech is to be suppressed never has a chance to persuade the court not to issue an injunction — the greatest […]

Virginia Updates Its Anti-SLAPP Law, Stiffening the Standard for Many Libel Claims

by Paul Alan Levy With the signature of Governor Terry McAuliffe having been added last week, Virginia has adopted a modest improvement to its very narrow anti-SLAPP statute.   The new law, SB 1413,  is not nearly as strong as in the anti-SLAPP laws in California and other model states, but it has something that we […]

Trans-atlantic consumer forum convening in DC on March 21

by Paul Alan Levy The Trans-Atlantic Consumer Dialogue, a coalition of nearly 100 consumer organizations on both sides of the Atlantic, will be holding its annual meeting in DC from March 19 to March 21, including a public forum on March 21 addressed to "A consumer agenda for transatlantic markets.” The program includes features officials […]

i-Geniuses: Not Too Smart in Threatening Dissatisfied Customers

by Paul Alan Levy i-Geniuses is a Houston company that repairs Apple products; it especially touts its ability to repair computers suffering from liquid damage on a fast turnaround schedule.  A number of former customers have expressed concerns about the success of the repairs, about longer-than-advertised repair times, and especially about their believe that the […]

Can Charles Harder’s Litigation Threats Still Be Taken Seriously?

by Paul Alan Levy Shiva Ayyadurai is a computer scientist who insists that it was he who, as a child prodigy, invented email.  Although his claim has been widely derided by many of the major figures who were party to the technological advances that created the Internet as well as systems of direct communication such as […]

Will Political Appointees in the Department of Commerce Prevent the Trump Campaign from Registering a Trademark in Opponents’ Slogan?

by Paul Alan Levy During the 2016 election cycle, the slogan “Keep America Great” emerged as a counterweight to the Make America Great Again slogan on which candidate Donald Trump was campaigning.  A fellow named Andreas Mueller tried to capitalize on that development by reserving the slogan as his own trademark.  The Trademark Office, properly […]