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For the past 6 years, our blog has been primarily dedicated to providing professional liability insurance coverage news and analysis for the internet, tech and media industries.  We hope you enjoy reading our blog entries and we welcome your story ideas.  Our blog is updated with new entries about twice a month so please bookmark our site or just use our RSS feed.

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Entries in Claim Examples (72)

Shades of the Coffee Guy

An Ohio woman recently discovered, upon signing up for a Yahoo! email account, that her picture had been used in the welcome message that Yahoo! sends to new e-mail account holders.

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Posted on Wednesday, March 7, 2007 at 08:28AM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment

NY Attorney General Settles with Companies Advertised in Adware

The cases went away with such a whimper that we almost missed it, but it looks like the New York attorney general’s effort to prosecute an action against some of the companies that were advertised through adware has come to an end. In contrast with the multi-million dollar settlements in the financial services and insurance industry cases, the New York AG settled for payments topping out at $35,000 along with agreements to take steps to stop a recurrence of the practice. The department’s press release does not indicate that any other cases are still pending. See Spitzer Eyes Some Online Advertisers for more about the targeting of advertisers. And for those who are not Eliot Spitzer fans, see Eric Goldman’s post .

Posted on Friday, February 16, 2007 at 02:04PM by Registered CommenterT.R. Franklin in , , | CommentsPost a Comment

TJX Customers Are Hacked Over Security Breach, and This Time They May Have a Case

The exposure of personal information stored by TJX Companies on its customers may turn out to be the most significant security breach since the ChoicePoint debacle . TJX Companies owns T.J. Maxx, Marshalls and other discount retail stores, and it is reportedly now the subject of an investigation by several dozen state attorneys general, led by Massachusetts Attorney General Martha Coakley . It is also the target of multiple class actions by consumers and banks.

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Posted on Wednesday, February 14, 2007 at 04:56PM by Registered CommenterT.R. Franklin in , , | CommentsPost a Comment

In Identity Theft Cases, Plaintiffs Must Show Evidence of Actual Injury

A ruling last month in a case stemming from the exposure of personal information about individuals became the latest in what is beginning to look like a string of decisions stopping putative victims of identity theft in their tracks.

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Posted on Tuesday, November 7, 2006 at 01:09PM by Registered CommenterT.R. Franklin in , , | CommentsPost a Comment

Record $11.3 Million Verdict Highlights Internet Exposures

What is reportedly the largest verdict to date in a case involving blog or message-board postings on the internet was returned in a Florida case this month: $11.3 million. Some observers think the verdict represents a trend in this type of case and that this decision itself will stimulate more litigation over online postings.

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Posted on Wednesday, October 25, 2006 at 02:35PM by Registered CommenterT.R. Franklin in , , | Comments2 Comments

$18 Million Verdict Tossed as Court Blocks Effort to Avoid Libel Defense

Two years ago we wrote about efforts by plaintiffs’ attorneys to evade First Amendment defenses that are available in defamation claims by suing the defendant for some other kind of tort and about the importance of having the right insurance policy in place to help pay for a defense against those kinds of claims. An $18.28 million decision out of Florida last week provided a good example of the evasion concept, but this time the plaintiff was trying to avoid libel’s short statute of limitations.

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Posted on Tuesday, October 24, 2006 at 10:56AM by Registered CommenterT.R. Franklin in , | CommentsPost a Comment

Fair Use v. Copyright Infringement

CNET News. com published an article last week suggesting the United States is falling behind when it comes to protecting intellectual property rights on the Internet. The article’s author, Charles Cooper, apparently supports a European court’s recent decision to order Google to remove news summaries and text links to newspaper articles by a group of Belgium regional publishers from its website. Further, Cooper contends that Google’s actions are similar to walking into a bookstore, scooping up a bunch of books, and leaving without paying. While Cooper doesn’t seem to consider the concept of Fair Use in his article, the people at TechDirt certainly see it as a viable rationale for Google’s actions.

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Posted on Tuesday, October 24, 2006 at 10:55AM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment