Litigation

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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Ohio has become the first state to enact legislation providing liability protection for businesses that implement a written cybersecurity program that “reasonably conforms” to certain cybersecurity frameworks or laws to protect personal information. This approach...

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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...

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Don’t Wait – Check Your User Flow Now

July 3, 2018 | 0 Comments

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...

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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...

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In a 5-4 decision written by Chief Justice Roberts – and invoking the types of government oppression on liberty that led to the American Revolution —  the Supreme Court reversed the Court of Appeal’s decision...

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