Author Archives: Paul Levy

Dietz v. Perez: Virginia Jury Finds Both Sides at Fault, Awards No Damages

A  bit over a year ago, I discussed on this blog a petition that we filed in the Virginia Supreme Court seeking to set aside a preliminary injunction issued by a state trial judge in a defamation suit filed by a Maryland contractor, Christopher Dietz, against a Virginia woman, Jane Perez, who had posted reviews […]

Virginia Appellate Court Rejects Dendrite / Cahill Approach to Online Anonymity

by Paul Alan Levy In a decision issued yesterday morning, the Virginia Court of Appeals parted company with appellate decisions in eleven other states and held that the First Amendment allows a court to compel the identification of a company’s anonymous online critics even though the company has done no more than claim that it […]

Michigan Court of Appeals Again Protects Anonymous Criticism

by Paul Alan Levy A decision yesterday by a panel of the Michigan Court of Appeals shows that First Amendment protections, and particularly protection for online anonymity, is alive and well in Michigan.  Ruling in Ghanam v. Doe, the Court held that when discovery is sought to identify anonymous defendants so that they can be […]

Accessories Store: A Nondisparagement Clause Even Worse than Kleargear

by Paul Alan Levy     In the wake of recent coverage of an attempt by the online trinket company Kleargear.com to ruin the credit of a customer whose wife complained about Kleargear’s failure to send an order of Christmas gifts, in violation of a non-disparagement clause inserted into later versions of the online sales contract, […]

Potential Liability for Recording Conversations by Google Glass

by Paul Alan Levy Scott Cleland’s weekly anti-Google rant raises the question whether Google’s recording of conversations through Google Glass, and Google’s use of those recordings as a source of data for its commercial operations, might run afoul of federal wire-tapping laws that require consent for the interception of communications, but it seems to me […]

KB Home Sues for Trademark Violations, but Isn’t IT the Real Cybersquatter?

by Paul Alan Levy KB Home has built new homes in several major markets throughout the United States, but its construction projects have left a trail of unhappy homeowners complaining about shoddy construction in several of those locations, such as here, here, here, and here.  The problem is broadly portrayed by a number of links […]

Another Unsung Hero of the Public Interest Movement

by Paul Alan Levy     One of the sweetest things that Public Citizen does each year is recognize a long-time public interest staffer whose work is vital to that staffer's organization, but whose work is sufficiently behind-the-scenes that he or she receives no public recognition.  The award is named for Phyllis McCarthy, who started working for […]