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27 Mar 2024, 2:12 pm
However, the Federal Circuit held that in certain circumstances third parties are in privity with the Federal Government and therefore may become a contractor within the meaning of the CDA (and, in turn, have jurisdiction to bring a claim under the CDA). [read post]
19 Aug 2023, 7:49 am
The 9th Circuit panel’s very short narrative includes: “there is no private right of action under the CDA” “The specific promise to take down explicit content at issue in Barnes does not compare to the general promise made by Facebook, and incorporated into its TOS, to use “good faith” or make an “honest” determination before deciding to exercise publishing or editorial discretion. [read post]
23 Apr 2023, 1:49 am
Online streamers who incorporate copyrighted content, such as music or video game content, into their streams are subject to this legislation. [read post]
30 Jan 2023, 2:46 am
The Supreme Court has ruled that the Telecommunications Act must be read in light of the Communications Act—and Section 230 thus incorporates a vast body of regulatory and administrative law. [read post]
1 Jan 2023, 8:27 pm
The following year, the parties entered into a second CDA. products as those pursued during its collaboration with Zealand. [read post]
7 Dec 2022, 8:18 am
We further reject Prager’s argument that the CDA—foreclosing as it does Prager’s causes of action against private actors—violates the First and Fourteenth Amendments. [read post]
20 Nov 2022, 6:54 am
Section 230 Plaintiff argues that CDA immunity does not apply, “because Seamless actively created the profiles and advertising webpages giving rise to this suit. [read post]
28 Jan 2022, 2:01 pm
In dismissing Avue’s $41 million claim, the CBCA stated: No court or board of which we are aware has held that a party other than the prime contractor can establish CDA jurisdiction by relying on a separate agreement that relates to a CDA procurement contract. [read post]
15 Nov 2021, 9:32 am
In other words, all that Facebook did here was to incorporate into the contract (the Terms of Service) its right to act as a publisher. [read post]
9 Feb 2021, 11:52 am
Ballon, 4 E-Commerce and Internet Law 37.05[7] (“Procedural Issues—When to Raise the CDA Defense”). [read post]
19 Jan 2021, 4:00 am
FTA, and that the “WTO tariff equivalent” for supply-managed products had been incorporated by reference into the NAFTA by the FTA provisions found in Article 710: The U.S. countered that “retain” in Article 710 only grandfathered existing rights in 1994, not to future actions and that Article 710 did not apply to tariffs. [read post]
17 Jan 2021, 6:15 pm
This decision means that social media platforms can no longer rely on Section 230 of the CDA, and run the risk of defamation lawsuits occurring on this side of the border instead. [read post]
17 Dec 2020, 4:21 pm
Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. [read post]
21 Apr 2020, 9:09 am
The CDA therefore does not shield Whitepages from liability. [read post]
12 Nov 2019, 4:00 pm
UNITED STATED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CAMERON L. [read post]
12 Nov 2019, 4:00 pm
UNITED STATED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CAMERON L. [read post]
6 May 2019, 7:12 am
Event Announcements (More details on the Events Calendar) Monday, May 6 at 10:00 a.m.: The Center for Strategic and International Studies will host Michael O’Hanlon for a conversation on his new book, “The Senkaku Paradox: Risking Great Power War Over Small Stakes. [read post]
29 Apr 2019, 10:28 am
Duties include but are not limited to: Case Work Briefing and arguing cases in state and federal courts Developing cases and litigation strategies, including through extensive fact gathering Communicating with media about ICAP's advocacy Academic Design Providing supervision, mentorship, feedback, and guidance to practicum students Refining legal writing generated by practicum students and incorporating it into briefing Qualifications Bachelor's degree and a Juris Doctorate (JD)… [read post]
22 Apr 2019, 8:22 am
Duties include but are not limited to: Case Work Briefing and arguing cases in state and federal courts Developing cases and litigation strategies, including through extensive fact gathering Communicating with media about ICAP's advocacy Academic Design Providing supervision, mentorship, feedback, and guidance to practicum students Refining legal writing generated by practicum students and incorporating it into briefing Qualifications Bachelor's degree and a Juris Doctorate (JD)… [read post]
15 Apr 2019, 5:00 am
Duties include but are not limited to: Case Work Briefing and arguing cases in state and federal courts Developing cases and litigation strategies, including through extensive fact gathering Communicating with media about ICAP's advocacy Academic Design Providing supervision, mentorship, feedback, and guidance to practicum students Refining legal writing generated by practicum students and incorporating it into briefing Qualifications Bachelor's degree and a Juris Doctorate (JD)… [read post]
