Recent Posts

NaviStone and Clients Secure Win For Omnichannel Marketing

Jul 17, 2018 by Ken Dreifach and Michelle Anderson

A federal court has dismissed a proposed class action lawsuit against an omnichannel marketing company (NaviStone) and three online retailers, holding that the companies’ alleged use of omnichannel marketing technologies did not result in a cognizable injury under New York’s deceptive acts and practices laws and did not violate the federal Wiretap Act or the...

Read More →

The FTC has announced a proposed Privacy Shield-related settlement, alleging that a company falsely stated that it was in the process of being certified under the EU-U.S. Privacy Shield framework because it “did not complete the steps necessary to participate in the … framework.” In its complaint, the FTC claimed that the company’s website discussed...

Read More →

Don’t Wait – Check Your User Flow Now

Jul 3, 2018 by Zach Lerner and Anna Hsia

You’ve taken time to craft a strong set of online Terms to protect your online service, but is it enforceable? This question has been at the core of a number of recent cases where plaintiffs have challenged the arbitration clause in online contracts. In Cullinane, et al v. Uber Technologies, Inc., No. 16-2023, 2018 WL...

Read More →

California Passes Watershed Data Privacy Bill

Jun 29, 2018 by Michelle Anderson and Marci Rozen

California has enacted the California Consumer Privacy Act of 2018 (AB 375) (the “Act”), which grants California residents a number of rights that, in some ways, reflect those provided under the EU General Data Protection Regulation (“GDPR”). The Act goes into effect on January 1, 2020, giving businesses 18 months to update their privacy notices...

Read More →

Third Circuit Inflicts Blow to TCPA Lawsuits

Jun 29, 2018 by Michelle Anderson, Anna Hsia, Nick Jackson and Jeff Landis

Following the D.C. Circuit’s narrowing of the FCC’s broad definition of an autodialer in its 2015 Omnibus TCPA Declaratory Ruling and Order (“Omnibus Order”), the Third Circuit has ruled that a dialing system must have actual and present capacity to generate random or sequential numbers in order to be considered an autodialer under the TCPA....

Read More →

Since at least fall of 2017, the Department of Education (“ED”) has expected institutions of higher education to report data breaches directly to the department on the same day a breach is discovered – or face fines. Most colleges and universities are by now well aware of their responsibility for safeguarding the confidentiality of student...

Read More →