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Court Decisions Archives

FTC Rules on Children's Online Privacy Effective Today: What You Need to Know if You Operate an Online Service

Today the Federal Trade Commission's (FTC) rules promulgated under the Children's Online Privacy Protection Act (COPPA) become effective. COPPA, passed by Congress in 1998, requires the FTC to issue and enforce regulations concerning children's online privacy.

Court Finds Crime Insurance Covers Data Losses

data thief-thumb-200x136-17101.jpgA data breach resulting in the theft and use of customer credit card numbers results in significant expenses and penalties for the victim company. Many companies still do not have specific cyber liability coverage and thus can be on the hook for all expenses related to such a breach. The Sixth Circuit Court of Appeals recently held that such losses resulting from the cyber theft of customer data were recoverable under a commercial crime policy. Retail Ventures, Inc. v. Nat'l Union Fire Ins. Co., 691 F. 3d 821 (6th Cir. 2012).

Public Employees Can Lose Their Jobs Over Online Information

lady holding book-laptop B-W2-thumb-140x208-16439.jpgThough public employees tend to enjoy greater protections that private sector employees, their personal activities posted online can cost them their jobs. On January 11, 2013, the California Commission on Professional Competence issued an influential ruling upholding the termination of an adult actress turned teacher. The three-judge panel issued a 46-page decision denying the Stacie Halas's appeal to return to work after her school's administration discovered her previous career.

Are Social Media Posts Discoverable?

comp arrow.pngA party files a request for production pursuant to Rule 34 seeking any profiles, messages (including status updates, wall comments, causes joined, groups joined, activity streams, blog entries) from social networking sites that reveal, refer or relate to any emotion, feeling, or mental state of plaintiff as well as communications by the plaintiff that may reveal or relate to events that could be expected to produce a significant emotion, feeling or mental state.

Are Social Media Posts Discoverable?

A party files a request for production pursuant to Rule 34 seeking any profiles, messages (including status updates, wall comments, causes joined, groups joined, activity streams, blog entries) from social networking sites that reveal, refer or relate to any emotion, feeling, or mental state of plaintiff as well as communications by the plaintiff that may reveal or relate to events that could be expected to produce a significant emotion, feeling or mental state.

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