02.02.2017

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General News

Julie Schwartz was quoted in Law360, "Google Fights Atty’s Suit Over Paralegal's Bogus Gmail," regarding an attorney's lawsuit seeking access to a Gmail account that his paralegal allegedly created in his name to steal his identity.

Representing Google, Julie argued during a hearing in San Jose that although the plaintiff’s paralegal did “horrible things” and stole his boss’s identity, Google was a “passive host” and shouldn’t be forced to provide the lawyer access to the account. Google has millions of users and it can’t respond every time a dispute arises between its users, otherwise it would face hundreds of lawsuits, which is counter to federal law, Schwartz said.

“This is exactly what the Communications Decency Act is designed to prevent,” she said.

Schwartz’s comments came during a hearing on Google’s demurrer seeking to toss a lawsuit filed by Charles W. Lotzar, an attorney practicing in Scottsdale, Arizona, that asserts a single cause of action against Google seeking declaratory relief to obtain the email address charles.lotzar@gmail-dot-com.