Category: Litigation

‘StreamCast Networks, the creators of the Morpheus file-sharing software, is alleging in a lawsuit that auction house eBay is profiting from peer-to-peer technology that rightfully belongs to it. StreamCast claims in a lawsuit filed Monday in the US Central District Court in Los Angeles that Niklas Zennstrom and Janus Friis, the duo who developed the… Read more →

E-discovery can be pricey. What’s a small firm with a run-of-the-mill case supposed to do? Do you tell a client, “Sorry, the courts are closed to you because you can’t afford e-discovery experts?” EDD vendors don’t come cheap, and simply loading all your e-mail in Outlook doesn’t preserve the integrity of evidence it holds. Attorney… Read more →

The Securities and Exchange Commission announced Wednesday that Morgan Stanley will pay a $15 million civil fine to settle charges that it repeatedly failed to provide thousands of e-mails requested in investigations. Morgan Stanley neither admitted nor denied the allegations, but the penalty is among the biggest fines ever levied on a brokerage firm for… Read more →

netbuzz writes “Fair comment or libel? A law prof/blogger calls those behind the class-action suit against Yahoo ‘extortionists.’ The targeted lawyers, who include spyware/adware expert Ben Edelman, are not amused.” From the article: “Goldman, who according to his blog ‘holds leadership positions in the American Bar Association and the Computer Law Association,’ addresses the merits… Read more →

According to The Inquirer, United States lawyers have just filed pleadings in a representative suit against ATI Technologies, a manufacturer of computer graphics hardware, in connection with claims made about the interoperability of its graphics cards with HDCP technology. The claim is founded in breach of warranties implied by consumer protection legislation, and alternatively negligent… Read more →

Although not strictly technology-related, I note with interest that the High Court of Australia today handed down judgment in Harriton v Stephens. In this long-awaited decision, the Court dismissed an action brought on behalf of a child disabled as a result of exposure to the rubella virus in utero. The Court was called upon to… Read more →

‘Former employer stated Computer Fraud and Abuse Act claim by alleging that employee deleted files on employer-supplied laptop computer using secure-erasure program designed to overwrite deleted material; by loading erasure program onto computer, whether by downloading application from internet or inserting disc into laptop’s drive, employee caused unlawful “transmission” in violation of Act.’ Originally by… Read more →

Justices of the Federal Court of Australia have agreed to amend the Federal Court Rules by inserting new Orders 25A and 25B. Originally by CCH Australia, 10:55 AM Read more Read more →

‘In a dispute between competitors in the retail chocolate market involving the use of the colour purple, the Federal Court decided that Cadbury does not own the colour purple and does not have an exclusive reputation in purple in connection with chocolate.’ Originally by CCH Australia, 10:54 AM Read more Read more →

skinfaxi writes “Filed in New York, Jeffrey Toback claims Google has made billions by allowing child porn and ‘other obscene content’ providers to use sponsored links.” From the article: “The suit, which claims Google acted negligently and intentionally inflicted emotional distress on the public, requests monetary damages to be determined at trial. It also accuses… Read more →