Litigation

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...

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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...

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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...

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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...

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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...

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The Death Knell for Class Arbitration?

May 6, 2019 | 0 Comments

On April 24, 2019, the U.S. Supreme Court held in Lamps Plus v. Varela that under the Federal Arbitration Act (“FAA”), class arbitration is only permitted when explicitly provided for in arbitration agreements. The 5-4 decision...

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A recent class certification decision in the Northern District of California highlights the importance of platform design. A group of hotel owners alleged that Expedia’s website provided false information about the availability of rooms at...

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Keeping a Finger on BIPA

February 5, 2019 | 0 Comments

On January 25, 2019, the Illinois Supreme Court unanimously ruled that infringement of a right afforded under the state’s Biometric Information Privacy Act (“BIPA”), even absent harm, is sufficient for a plaintiff to allege a...

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The SEC and Voya Financial Services recently reached a $1 million settlement, stemming from a 2016 security incident in which individuals impersonating Voya’s independent contractors were able to gain access to the PII (including full...

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Since the D.C. Circuit issued its ruling in March invalidating as arbitrary and capricious many of the FCC’s interpretations of the Telephone Consumer Protection Act (“TCPA”), courts have been tasked with clarifying the definition of...

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