On September 16, 2014, the U.S. District Court for the Central District of California declined to dismiss a California trade secrets claim against a man who kept his LinkedIn contact information after he was fired and created a rival business (Cellular Accessories for Less, Inc. v. Trinitas LLC).  The court wrote that issues of material fact remained as to whether the former employee allowed any of his LinkedIn contacts to see the names of all of his other contacts.  The individual worked for plaintiff for approximately six (6) years and created a rival company in the same line of business after his employment was terminated.  The former employee argued that he did not violate the California Uniform Trade Secrets Act (“CUTSA”), Cal. Civil Code § 3426 et seq., by maintaining his LinkedIn contacts because plaintiff encouraged employees to use LinkedIn.  The former employee also argued that his contact list was viewable to other contacts.  Plaintiff argued defendant could have changed his contact privacy setting and that CUTSA  was violated when its former employee emailed himself a digital file that contained information on over 900 businesses, personal contacts, client billing preferences and past pricing requests.  Ultimately, the court allowed the company’s trade secrets claim to proceed.

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Class Action Lawsuit Alleges Whey Protein Manufacturers Engaged in “Protein Spiking”

September 3, 2014

On August 25, 2014, a class action lawsuit was filed in the U.S. District Court for the Eastern District of New York on behalf of consumers that purchased the protein supplement “Body Fortress Super Advanced Whey Protein.  The named Defendants are United States Nutrition, Inc., Healthwatchers, Inc., and parent company, NBTY, Inc. The Complaint alleges that, Body Fortress […]

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Use of Privacy Service Leads to In Rem Jurisdiction in Anticyberquatting Consumer Protection Act Case

August 14, 2014

On August 7, 2014, the U.S. District Court for the Eastern District of Virginia held that a cybersquatting complainant established that it could not obtain personal jurisdiction over a typosquatting registrant by showing that the true registrant was unknown due to the use of a privacy service, the U.S. District Court for August 7 (Central Source […]

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“Revenge Porn” Issue Gains Traction As Bill Passes New York Senate

July 19, 2014

The New York State Senate recently passed legislation (S5946A) that would make it a crime to distribute “revenge porn.” In short, “revenge porn” is a form of cyber bullying .  It is the practice of sharing private nude or sexually explicit photographs or videos of people online without their consent, even if the photograph was […]

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New York Court Rules That Bulletin Board-Style Online Forum Suggests Posts Are Mere Opinions

July 13, 2014

On June 26, 2014 in the matter of Nanoviricides, Inc. v. Seeking Alpha, Inc., the New York Supreme Court for the County of New York held that a negative anonymous online forum post about a company was a statement of pure opinion, not subject to defamation claims. NNVC sought a court order to identify an […]

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