U.S. Supreme Court Holds that Copyright Application Insufficient to File Infringement Lawsuit

March 6, 2019 In a unanimous decision, the U.S. Supreme Court has held that actual copyright registration, as opposed to merely filing an application for registration, is a prerequisite to bringing a copyright infringement claim in federal court. Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 2019 U.S. LEXIS 1730 (Mar. 4, 2019). […]

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Beyonce, Playboy, and Tesla Sued By Blind Users For Non-Compliant Websites Under The ADA

February 15, 2019 What do Beyonce’s Company, Playboy, Tesla, and Williams-Sonoma have in common? They have all been recently sued by visually impaired plaintiffs in New York federal court for websites that allegedly violate the American Disabilities Act (ADA) and similar state statutes. The allegations focus on features, which are allegedly missing from the defendants’ […]

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True Story – My Insurance Carrier Applied a “War Exclusion” to Deny My Cyber Claim

January 24, 2019 You heard that correctly. Mondelez International recently filed a complaint in Illinois alleging that Zurich American Insurance Company denied coverage for a malicious cyber incident pursuant to a war exclusion that was previously only used in times of hostile conflicts. Complaint, Mondelez Int’l, Inc. v. Zurich Am. Ins. Co., No. 2018-L-011008 (Cook […]

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Cyber Insurance Carrier Unable to Avoid Coverage by Claiming “False Pretense Exclusion”

January 7, 2019 Insurance companies continue to assert coverage exclusions incorporated into their cyber insurance policies in an attempt to avoid providing coverage to their insureds. The latest example to be adjudicated is the “False Pretense Exclusion” that appears in insurance policies issued or underwritten by Sentinel Insurance Company. Rainforest Chocolate, LLC v. Sentinel Ins. […]

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