Justia U.S. 9th Circuit Court of Appeals Opinion Summaries
Articles Posted in Internet Law
Simonoff v. Expedia, Inc.
Plaintiff purchased travel arrangements through Expedia, Inc.'s ("Expedia") website and Expedia emailed him a receipt, which included the expiration date of his credit card. Plaintiff claimed that this email receipt violated the Fair and Accurate Credit Transactions Act ("FACTA"), Pub. L. No. 108-159, 117 Stat. 1952, an amendment to the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., in part to combat identity theft. At issue was the meaning of the words "print" and "electronically printed" under FACTA, in connection with an email receipt. The court held that "print" referred to many different technologies, all of which involve the making of tangible impression on paper or other tangible medium. The court also held that a receipt, under FACTA that was transmitted to the consumer via email and then digitally displayed on the consumer's screen was not an "electronically printed" receipt. Accordingly, the court affirmed the district court's dismissal of plaintiff's claims under Federal Rule of Civil Procedure 12(b)(6).
The Facebook, Inc. et al. v. Pacific Northwest Software, et al.; The Facebook, Inc., et al. v. ConnectU, Inc., et al
The court issued an order and amended the opinion replacing [The district court excluded this evidence under its Alternative Dispute Resolution (ADR) Local Rule 6-11, which it read to create a "privilege" for "evidence regarding the details of the parties' negotiations in their mediation."] in lines 20-24, page 4909, with [The district court excluded this evidence under its Alternative Dispute Resolution (ADR) local rule on "confidential information," which it read to create a "privilege" for "evidence regarding the details of the parties' negotiations in their mediation." A local rule, like any court order, can impose a duty of confidentiality as to any aspect of litigation, including mediation. See N.D. Cal. ADR L.R. 6-12(a); see also 28 U.S.C. 652(d).] The petition for rehearing en banc was denied and no further petitions for rehearing or rehearing en banc may be filed.
USA v. David Nosal
The United States appealed from the district court's dismissal of several counts of an indictment charging defendant with, inter alia, numerous violations of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. 1030, when defendant recruited employees of his former employer to obtain trade secrets and other proprietary information by using their user accounts to access the employer's computer system. At issue was whether the employees had exceeded their authorized access by accessing information that they were entitled to access only under limited circumstances. The court reversed the district court's decision and held that an employee, like the employees at issue in this instance, exceeded authorized access under section 1030 when he or she violated the employer's computer access restrictions, including use restrictions.
The Facebook, Inc., et al. v. Pacific Northwest Software, Inc., et al.; The Facebook, Inc. v. ConnectU, Inc., et al.
Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra ("Winklevosses") sought to intervene after a district court entered judgment enforcing the Term Sheet and Settlement Agreement ("Settlement Agreement") signed by Facebook, the Winklevosses, and the Winklevosses' competing social network site, ConnectU, where the Settlement Agreement envisioned that Facebook would acquire all of ConnectU's shares in exchange for cash and a percentage of Facebook's common stock. At issue was whether the Settlement Agreement was enforceable where the Winklevosses claimed that they did not discover the facts that gave rise to their Rule 10b-5 claims under the Securities and Exchange Act of 1934 ("Act") until after they signed the Settlement Agreement's release of claims and whether the releases foreclosed their challenge to the Settlement Agreement where section 29(a) of the Act precluded a mutual release of unknown securities fraud claims arising out of negotiations to settle a pending lawsuit. The court held that the district court correctly concluded that the Settlement Agreement was enforceable and intended to release claims arising out of the settlement negotiations where the release was valid under section 29(a) when the Settlement Agreement was meant to end a dispute between sophisticated parties acting in an adversarial setting that was characteristic of litigation and could not be interpreted as leaving open the door to litigation about the settlement process.
