Author Archives: Leslie Machado

Leslie Machado

About: Leslie Machado

Mr. Machado counsels and advises a diverse range of clients on various areas of law. He is also an experienced litigator, having tried cases to verdict in state and federal courts.

Ninth Circuit Reaffirms Section 230 Protections

Information Counts.  That’s the title of this blog.  And it’s an indisputable fact.  Information is – and has been for at least 20 years – the currency of our economy, providing consumers, regulators and the general public information about business, practices and events. A critical, and even indispensable, factor in the development of the information economy is Section 230 of the Communications Decency Act, which was part of the massive Telecommunications Reform Act of 1996.  That subsection provides that “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided …

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Congress Acts to Ban Gag Clauses in Consumer Contracts

There is not a lot that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses is apparently an issue on which there is unanimity. First some background. From Yelp, to TripAdvisor, to Angie’s List, no one can deny the impact “ratings” websites have had on businesses (including lawyers). It is often the first – and sometimes the last – place consumers go before making a purchasing decision. For this reason, businesses have a long history of attempting to prevent consumers from posting potentially negative reviews on ratings …

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Erasure Laws Don’t Equal Right to be Forgotten

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right” continues to expand in Europe, the Supreme Court recently denied certiorari and let stand a Second Circuit case that rejected the right to be forgotten. The lawsuit stems from the 2010 arrest of Lorraine Martin for narcotics charges. Following her arrest, several newspapers published articles, reporting (accurately) that she had been arrested and charged with drug violations. More than a year after Ms. Martin was …

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How the Computer Fraud & Abuse Act Can Help Nab Hackers

For a C-suite level executive, CIO, or outside Board member concerned about a company becoming the next victim of a data breach, 2014 was a bad year.  Each succeeding month brought news of yet another breach, affecting hundreds of millions of estimated records by year end.  And 2015 is not going to be better.  According to a recent article, 52% of security professionals say their organizations will likely be successfully hacked in the next 12 months.  As such, for many companies, it is not a matter of if – but when – they will become the next victim of a …

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