On August 12, 2013 Law360
featured an article on Venable's recent victory on behalf of Connexus Corp. Following a two week jury trial conducted by Venable attorneys Doug Baldridge
, Ari Rothman
and Lisa Jose Fales
, a federal judge in Maryland ruled that Beyond Systems, Inc., an alleged Internet service provider, is barred from pursuing claims for alleged violations of the California and Maryland anti-spam statutes because Beyond Systems lacks standing to sue as an Internet service provider, and because Beyond Systems consented to receive the emails over which it sued the defendants. Thus, purported Internet service providers that exist primarily and substantially to file anti-spam statutes, and Internet service providers that consent to receive the emails over which they sue, cannot maintain claims under the California or Maryland anti-spam statute, thereby providing a complete defense to email marketers that are targeted by these types of plaintiffs.
In 2008, Beyond Systems sued Kraft Foods and Connexus Corp., claiming that it was an “interactive computer service provider” and an “electronic mail service provider” that received alleged fraudulent emails.
Following the ruling, Baldridge told Law360
“that the decision requires those asserting rights under the applicable laws to have a legitimate business purpose and to suffer legitimate injury.”
Baldridge, Rothman and Fales represented Connexus Corp. at trial along with Sarah Choi and Marta Markowska.