Recent Posts

On Monday, August 18, a three-judge panel of the Ninth Circuit struck a blow to browsewrap agreements, affirming a district court’s denial of Barnes & Noble’s motion to compel arbitration in Nguyen v. Barnes & Noble Inc., No. 12-56628 (9th Cir. August 18, 2014) a putative class action alleging that Barnes & Noble engaged in deceptive business practices and...

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Last week, Hold Security, a Milwaukee information security firm, announced that a Russian cyber gang, dubbed “CyberVor”, nabbed over 4.5 billion user records. Of these records, Hold Security estimates that 1.2 billion usernames and passwords, including over 500 million unique email addresses, have been breached. Since the release, some security researchers have expressed doubt about...

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Mobile applications have changed the way we shop. Instead of trekking from store to store or researching prices in advance, consumers can simply download an app to compare competing products and retailers in real-time. Apps also allow consumers to collect coupons and pay in store by waving their phone at the checkout counter instead of...

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California healthcare providers can breathe a sigh of relief. Recently, the California Court of Appeals held that plaintiffs suing under the Confidentiality of Medical Information Act (“CMIA”) may not recover statutory damages from a mere theft of medical information; rather, plaintiffs must allege that an unauthorized person actually viewed the confidential information. The case, Sutter...

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If your company accepts payment cards (credit, debit or prepaid) or transmits or stores cardholder data, we understand that security concerns may keep you up at night. Recent data breaches at Target, Neiman Marcus, and Michaels, to name a few, demonstrate how vulnerable companies can be to cybercriminals. Beyond the large retailers that have experienced...

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You may have noticed more online ads lately related to health and medical conditions—perhaps conditions that you have, or that someone in your household has. Increasingly, online ad platforms have begun selling access to targeted audiences of users with presumed or inferred medical conditions. These “audiences”— essentially, cookie pools or (if mobile) sets of device...

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