11/05/2013 - Why No Employers Should ‘Like’ the Constitutional Protection of the Facebook ‘Like’
In yet another example of a court applying traditional First Amendment principles to modern technology, the Court of Appeals for the Fourth Circuit recently held that Facebook “likes” are a form of speech protected under the First Amendment.
08/26/2013 - Media and Entertainment Practice Group
06/17/2011 - Recent Developments in Media, Privacy, and Defamation Law
The U.S. Supreme Court dominated this survey period, with decisions affecting media interests in privacy and access to information. Meanwhile, state and lower federal courts engaged in the serious jurisprudence involving celebrity, soccer balls, Serbian financiers, subpoenas and shield laws, canine software, and solicitations by fax blasts.
03/03/2011 - Nothing Personal: Supreme Court Denies Corporate Privacy Exception Under FOIA
Corporate documents provided to the government as part of an investigation of the company are not excepted from disclosure for “personal privacy” purposes under the Freedom of Information Act (FOIA). In Federal Communications Comm. v. AT&T Inc.,
the Supreme Court held AT&T did not have a personal privacy interest in documents the company provided to the FCC during an investigation.
01/10/2011 - Employer Has Standing Under PIA to Seek Mandamus Relief When Information Requested by Employee is Not Released
Under the Texas Public Information Act, a “requestor” may file suit for a writ of mandamus compelling the release of public information. In The City of Dallas v. The Dallas Morning News,
the Dallas Court of Appeals held that an employer has standing to file such a suit when its employee made the initial request.
02/23/2010 - Texas Supreme Court Resets Public Information Act’s Ten-Day Deadline
When a governmental entity believes that information requested from it under the Texas Public Information Act (“PIA”) is exempt from disclosure, the PIA requires the entity to request an attorney general’s opinion within 10 business days after receiving the request. However, the PIA also allows the governmental entity to ask the requestor to clarify a request it finds to be unclear.
05/12/2009 - Fifth Circuit Enforces Disclaimer Provision in Form Agreement to Bar Misrepresentation Claims Against Manufacturer
On May 7, 2009, the Fifth Circuit affirmed a take-nothing summary judgment for Haynes and Boone, LLP client BASF Corporation, rejecting Plaintiff Thermacor Process, L.P.’s negligent misrepresentation, fraudulent inducement, and Texas Deceptive Trade Practices Act (DTPA) claims based on a standard disclaimer-of-warranty provision and the absence of any actionable misrepresentation. Thermacor Process, L.P. v. BASF Corp., No. 08-10227 (5th Cir. May 7, 2009). This decision reinforces Texas law that manufacturers can rely on standard disclaimers in their form agreements to defeat claims based on the absence of any misrepresentation, particularly when the parties are sophisticated and the disclaimer is conspicuous.
04/01/2006 - Recent Developments in Media, Privacy and Defamation Law