Good discussion on the Tech and Marketing Law Blog here of Rodman v. Safeway Inc., 2014 WL 6984703 (N.D. Cal. Dec. 10, 2014), where the trial court upheld plaintiffs' contention that Safeway promised to charge in-store prices for products ordered online (even though, in actuality, that is not what it was actually charging) and refused […]
Author Archives: Paul Levy
The Boston Globe brings us word of a series of email exchanges in which a Harvard Business School professor (with whom I am acquainted) seems to have gone a bit overboard in invoking the treble-damages provision of the Massachusetts Consumer Protection Act, chapter 93A. UPDATE: The professor has apologized for "what I said and how […]
by Paul Alan Levy Late last week I attended a conference on Social Media Liability at Suffolk University Law School. My own talk, about practical considerations in litigating online free speech issues, is not yet in publishable form, but a fascinating empirical study of the terms of use of several hundred "social networking sites" was […]
by Paul Alan Levy In the short space of a few days, the House and Senate of the Pennsylvania legislature have passed a bill allowing judges to issue injunctions, or grant any other “appropriate relief” if there is “conduct” by a criminal “offender” that “perpetuates the continuing effect of the crime […]
by Paul Alan Levy Last February, I discussed on this blog our appeal on behalf of an Alabama law firm and about a hundred of their clients who were subjected to an exceptionally broad gag order that forbade them from saying anything publicly or even privately about an extermination company that they had sued for […]
by Paul Alan Levy Considering that many homeowners' insurance policies include rudimentary libel coverage, it makes sense for insurance companies to republish articles telling customers about what the law allows, and what sorts of comments are most likely to lead to litigation and liability. The Hartford, however, has really put its foot in it by […]
by Paul Alan Levy In two rulings in late August, the Texas Supreme Court addressed significant issues of free speech arising in defamation cases brought by companies against their critics – the availability of injunctive remedies, and the proper procedure for discovery to identify potential defamation defendants who spoke anonymously. The court staked out somewhat […]
by Paul Alan Levy A dozen years ago, when I had just made the transition from doing union democracy law to cyberlaw, I took on the representation of an IT professional named Hank Mishkoff who modeled his work by creating a web site praising a shopping mall that was being built near his home, using […]
Late last week, the Court of Appeals for the Ninth Circuit upheld the dismissal of a class action against Yelp by four local merchants who claimed that Yelp employees were themselves writing false and defamatory reviews, and removing positive reviews, to coerce the merchants into buying the advertising that provides Yelp with its main source […]
by Paul Alan Levy Readers of this blog may recall that Brett Kimberlin has filed a defamation action against two dozen bloggers and other defendants; Public Citizen is in the case for the limited purpose of defending the anonymity of one of the bloggers. Since that blog post, there have been a number of developments, […]