As the saying goes, death and taxes are both certainties — as is the fact that politicians lie. But another near universal certainty is that Marvel will totally freak out whenever it gets the slightest inkling that its intellectual property is threatened. The latest head-scratching example of this was yesterday’s leak of a trailer for The Avengers 2, which Marvel promptly DMCA’d.
Significant Case Developments
P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims
Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.).
As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”
Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals. Those changes include the adoption of chip-and-PIN (also known as EMV) payment terminals and cards, and the implementation of multi-factor authentication on digital applications where consumers can access personal information.
Sometime around about 5 years ago, I noticed people starting putting this at the end of their emails:
Whoever the first person was who did this clearly lived in a different world than me — a world where lawyers would get emails on their computers and would just keep printing them out and putting them into binders to read later. In that world, I could see why someone would want to speak up. On planet Earth, however, that is not the case. Emails occasionally get printed to get filed in a correspondence file, or they get printed as trial exhibits, but that’s about it. They are only a tiny fraction of the paper lawyers waste. This is the Kony 2012 of the environmental battles — it’s a noble war, but a pointless battle. There are many more righteous green battles to be fought in the environmental war than the faux epidemic of lawyers who refuse to stop printing their emails. Instead the “please consider the environment” email signature is more like one of those “I voted” stickers — both serve no purpose other than proclaiming your self-righteousness for performing a civic duty.
In order for that disclaimer to have served a beneficial purpose to the environment, there had to be a conversation just like this somewhere:
Ed note: This post originally appeared on Peter S. Vogel’s Internet, Information Technology & e-Discovery Blog.
A Russian cybercriminal allegedly “was a leader in the marketplace for stolen credit card numbers, and even created a website offering a tutorial on how to use stolen credit card numbers to commit crime.” According to an October 9, 2014 Department of Justice (DOJ) Press Release that Roman Valerevich Seleznev, aka “Track2,” 30, of Vladivostok, Russia was indicted:
…with 11 counts of wire fraud, nine counts of intentional damage to a protected computer, nine counts of obtaining information from a protected computer, nine counts of possession of 15 or more unauthorized access devices and two counts of aggravated identity theft.
How much for a “disease domain”?
Lawyer Says It’s Copyright Infringement To Use Her Own Blog Posts Against Her In Disciplinary ProceedingsBy Techdirt
Eugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.
Not surprisingly, the court soundly rejected this particular interpretation of copyright law….
* “There’s too much at stake—too much money and interest.” Biglaw firms in West Africa are surviving, nay, thriving, despite the fact that the area is afflicted by the terrors of Ebola. [Am Law Daily]
* “[T]ake a step back, to pause to consider, I hope, a change of course.” The head of the FBI is pissed about cell encryption, and he wants tech companies to cut it out with this privacy stuff. [WSJ Law Blog]
* Buchanan Ingersoll & Rooney has a new chief financial officer. At Pittsburgh’s third-largest firm, the former litigation practice director could really make a name for himself. [Pittsburgh Business Times]
* Former employees — even lawyers — of the recently failed Canadian firm Heenan Blaikie are filing suit, seeking hundreds of thousands of dollars in severance pay. Good luck with that, eh? [Globe and Mail]
* According to NY AG Eric Schneiderman, 72% of Airbnb rental sites in New York City are operating illegally. This is going to be problematic for those who enjoy the services of faux hotels. [New York Times]