Lauren Gelman's blog

Google/DOJ Subpoena and ECPA

In its response to the DOJ's motion to compel compliance with the subpoena requesting URLs and search queries, Google argued briefly that the Electronic Communications Privacy Act prevents it from turning over this information without a warrant. ECPA is a complicated statute, and the court's answer will significantly impact future cases. We filed a brief (.pdf) asking the court to allow additional briefing on this question if it plans to rule based on the ECPA issue. The hearing is March 13. Read more about Google/DOJ Subpoena and ECPA

Maine District Court Holds that Group of Individuals Who Published Criticism of “Cult” On-line Are Not an Association-in-Fact Un

In a recent decision, a U.S. District Court set standards that would indicate what on-line activities would and would not constitute racketeering under RICO, the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c). The United States District Court for the District of Maine held on a motion for summary judgment that a group of individuals who published allegedly defamatory criticism of plaintiff The Gentle Wind Project (“GWP”) on-line did not qualify as an “association-in-fact” under RICO. Read more about Maine District Court Holds that Group of Individuals Who Published Criticism of “Cult” On-line Are Not an Association-in-Fact Un

Maine District Court Holds that Group of Individuals Who Published Criticism of “Cult” On-line Are Not an Association-in-Fact Un

In a recent decision, a U.S. District Court set standards that would indicate what on-line activities would and would not constitute racketeering under RICO, the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962(c). The United States District Court for the District of Maine held on a motion for summary judgment that a group of individuals who published allegedly defamatory criticism of plaintiff The Gentle Wind Project (“GWP”) on-line did not qualify as an “association-in-fact” under RICO. Read more about Maine District Court Holds that Group of Individuals Who Published Criticism of “Cult” On-line Are Not an Association-in-Fact Un

Email address domain name alone not sufficient to cloak agent in apparent authority

The United States District Court for the District of Massachusetts, in a case of apparent first impression, held that an email sent from the domain name of a company was not enough, standing alone, to cloak an agent in apparent authority that would allow him to bind that company to a contract. In the case, defendant Recovery Express, Inc. (Revovery Express) moved for summary judgment after plaintiff CSX Transportation, Inc. (CSX), a seller of out-of-service railcars and parts, brought an action alleging breach of contract, account stated, unjust enrichment, and quantum meruit. Read more about Email address domain name alone not sufficient to cloak agent in apparent authority

Email address domain name alone not sufficient to cloak agent in apparent authority

The United States District Court for the District of Massachusetts, in a case of apparent first impression, held that an email sent from the domain name of a company was not enough, standing alone, to cloak an agent in apparent authority that would allow him to bind that company to a contract. In the case, defendant Recovery Express, Inc. (Revovery Express) moved for summary judgment after plaintiff CSX Transportation, Inc. (CSX), a seller of out-of-service railcars and parts, brought an action alleging breach of contract, account stated, unjust enrichment, and quantum meruit. Read more about Email address domain name alone not sufficient to cloak agent in apparent authority

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