Aug 262010
 August 26, 2010  Posted by  Business, Court, Featured News, Online

Kevin Khurana of Proskauer writes:

Expect the unexpected from your Web site privacy policy. In a handful of cases, including two which were recently decided, companies have been thwarted in various, unexpected ways by the commitments made in their online privacy policies.

Are your intellectual property litigators reading your privacy policy?

In FenF, LLC v. Healio Health, Inc., No. 5:08-CV-404 (N.D. OH July 8, 2010), the court held that a provision from a settlement agreement entered into by FenF, LLC (“FenF”), the plaintiff, and Healio Health, Inc. (“Healio”), the defendant, which required Healio to transfer certain customer information to FenF was unenforceable because doing so would result in a violation of Healio’s privacy policy.

Read more about this and the other cases where privacy policy came into play on Proskauer Law Blog.

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