CDA No Bar to Claim for Negligent Failure to Warn Website Users

A claim that a website negligently failed to warn users about sexual predators contacting and raping women who used the site is not barred by the Communications Decency Act (CDA), the Ninth Circuit found. The appellate court reversed a district court’s ruling that Internet Brands, Inc., which operates modelmayhem.com, was immune from a negligence claim […]
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Balough Named Vice Chair of ABA Cyberspace Committee

Cheryl Dancey Balough has been named the vice chair of the Cyberspace Law Committee of the Business Law Section of the American Bar Association. The Cyberspace Law Committee provides a forum for the analysis of corporate, transactional, and regulatory issues related to the Internet and digital technologies.  The Committee works in a wide range of […]
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Balough Moderates Legal Panel on Commercial Drone Use

What should business lawyers tell clients who want to use drones in their business?  This emerging legal issue was discussed by a panel moderated by Richard C. Balough at the American Bar Association’s Business Law Section annual meeting. The legal status of commercial drones is open for debate as businesses attempt to use the unmanned […]
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Balough Cyberterrorism on Wheels Article Published by ABA

Today’s cars are computers on wheels and are subject to hacking and infection by malware.  The legal implications of this technical vulnerability have yet to be adequately addressed, according to the attorneys at Balough Law Offices, LLC. Today’s cars are controlled by complex computer systems, which include millions of lines of code connected by internal networks.  […]
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Unauthorized Use of Mother and Daughter Image Violates Right of Publicity Act

The use of a mother and her daughter’s images without their written permission on the cover of a media kit used to generate advertising revenue for a monthly publication violates the Illinois Right of Publicity Act, an Illinois appellate court found. McHenry County Living magazine originally took the photograph when it selected the mother’s garden as […]
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Illinois Commerce Commission Must Consider Public Comments

The Illinois Commerce Commission must consider comments made by ratepayers at public forums and on the Commission’s own website before setting new utility rates. Lake Wildwood Association and Apple Canyon Lake Property Owners’ Association filed an appeal after the Illinois Commerce Commission (ICC or Commission) struck all references in their joint brief to public comments […]
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Balough Writes Copyright Chapter for IICLE Book

Richard C. Balough authored one of the chapters in Intellectual Property Law 2013 published by the Illinois Institute for Continuing Legal Education (IICLE). Mr. Balough’s chapter concerns the ownership and transfer of copyrights.  The handbook was first published in 2005 and is designed to help practicing attorneys.  Mr. Balough has contributed to each edition of the book.
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Geolocational Privacy Law Evolved Slowly in 2012

The law of geolocational privacy continued to evolve in 2012 even though the Supreme Court sidestepped the issue in a potential landmark case. Despite the lack of clarity from the Supreme Court, there will be more attention to geolocational privacy in 2013 both in courts and through legislation, according to a legal survey article appearing […]
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Do Laws Adequately Address Cyber-Threats to Cars?

Today’s cars are computers on wheels, open to hackers who can infect cars with malware and take control of a car’s speed, braking, and other vital systems. Whether today’s laws are applicable to these cyber-threats was the focus of a presentation to the American Bar Association’s Cyberspace Law Institute by Richard C. and Cheryl Dancey […]
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False Advertising Claims on Increase in Cyberspace

Cases involving alleged false advertising in cyberspace increased significantly in number in the past year, but success has been limited according to a legal survey article by Cheryl Dancey Balough. The article noted that “courts have recently found in favor of companies complaining of false advertising when a competitor’s website contains false or misleading statements.  […]
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