The Federal Trade Commission (“FTC”) recently gave final approval to a settlement with the Canadian smart locks company Tapplock, Inc. over alleged deceptive practices in the data security context. Tapplock offers Internet-connected, fingerprint-enabled padlocks that interact with a companion mobile app to enable US users to open and close their smart locks when within Bluetooth range.  Notably,...

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In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to any version of the terms containing that arbitration clause. The decision, which is consistent with Illinois’ preference for enforcing arbitration agreements, suggests that at...

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At the end of April, the U.S. District Court in New Mexico dismissed most, but not all, of the New Mexico Attorney General’s claims against a group of Ad Networks and Google for violations of the federal Children’s Online Privacy Protection Act (“COPPA”) and New Mexico’s Unfair Practices Act (“UPA”). Although the decision was a...

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DC Court Ruling Reduces Webscraping Risk

April 17, 2020 | 0 Comments

In a decision that reduces some risk associated with webscraping, the United States District Court for the District of Columbia ruled that violating a website’s terms of service cannot alone be the basis for a finding that the conduct is “unauthorized,” under the Computer Fraud and Abuse Act (“CFAA”). Christian W. Sandvig, et al. v....

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Alexa, Do My Kids Have to Arbitrate?

April 16, 2020 | 0 Comments

A recent District Court decision has called into question the enforceability of mandatory arbitration clauses against third parties that use a product or service but do not themselves agree to arbitrate. On April 9th, Judge Richard Jones from the U.S. District Court for the Western District of Washington denied Amazon’s motion to compel arbitration in...

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ZwillGen is pleased to announce that two veteran attorneys of its California and New York offices have been newly appointed Shareholders of the Firm. In addition, ZwillGen has added one new attorney in Washington, DC to support its growing International Law Enforcement practice and one new attorney in New York to bolster its privacy capabilities,...

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COVID-19 Litigation Video Conference

Litigation in the Time of COVID-19

March 24, 2020 | 0 Comments

Just as the global health crisis is significantly altering our day-to-day lives, it is altering the nature and practice of litigation. Courts are closing their doors and limiting their dockets. Clients, firms and vendors have been forced to move their operations online or otherwise modify their services. And everyone is re-evaluating how to dedicate what are likely...

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UPDATE: Due to the COVID-19 pandemic, the FTC has extended the deadline to submit comments by sixty days. The original deadline was April 21, 2020. The new deadline is June 22, 2020. With the rise of influencer marketing, promotional social media content, and endorsed reviews, the Federal Trade Commission (“FTC”) has increased its enforcement and...

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We had long predicted that the CCPA’s introduction of statutory damages associated with certain data breaches would make California a popular venue for data breach class action lawsuits. Sure enough, litigants are now raising such claims in Barnes v. Hanna Andersson, a data breach litigation against children’s apparel company Hanna Andersson (“Hanna”) and its vendor, Salesforce. ...

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The California Attorney General released an update to its proposed California Consumer Privacy Act Regulations, and companies have until 5 pm PT on February 24 to submit comments on this updated draft. ...

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