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National Law Review Publishes Farmer, Fisher, Taylor and Leitner on Recent Third Circuit Decision Impacting Immunity Granted to Internet Platforms

November 18, 2021

Authors: Jana S. Farmer, Gillian A. Fisher, Leia Leitner

Jana Farmer (Partner-White Plains, NY), Gillian Fisher (Of Counsel-Florham Park, NJ), Daniel Taylor (Of Counsel-Los Angeles, CA) and Leia Leitner (Associate-Orlando, FL) co-authored an article titled “Third Circuit Takes an Anti-Platform View in Interpreting the Communications Decency Act, Creating a Circuit Split” for the October 29, 2021, edition of National Law Review. Our attorneys discuss a recent Third Circuit decision that examined the scope of the “any law pertaining to intellectual property” carveout to the immunity granted to internet platforms under the Communications Decency Act (CDA), ultimately choosing to significantly expand it to include the “nontraditional” intellectual property laws, including the right of publicity. The article notes that this is in contrast to a previous Ninth Circuit decision addressing the same subject, where the court expressed concern that the interpretation that the Third Circuit ultimately adopted will cause great uncertainty for the platforms and open the floodgates to litigation. This article was published previously as a Wilson Elser Insight.

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