Litigation

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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The California Supreme Court has answered another long-outstanding Electronic Communications Privacy Act (“ECPA”) question, this time about the contours of the lawful consent exception in 18 U.S.C. § 2702(b)(3). In Facebook, Inc. v. Superior Court,...

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April showers bring May flowers – and pro-clickwrap case law. Two courts upheld mandatory arbitration provisions to force putative class actions out of court. The Massachusetts Appeals Court affirmed a ruling upholding an arbitration provision...

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The New Jersey Supreme Court found that a consumer must suffer actual adverse consequences from an alleged violation of New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”) in order to bring suit...

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New Law Weakens Section 230 Immunity

April 18, 2018 | 0 Comments

Two events may change the rules for interactive website operators: (1) the FBI seizing Backpage.com and (2) the enactment of SESTA/FOSTA, amending CDA Section 230 immunity. The FBI’s seizure of Backpage.com, an online classifieds site...

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The Ninth Circuit has held that a free-to-play virtual casino app offering in-app purchases of virtual chips for continued gameplay may constitute illegal gambling under Washington state law. Churchill Downs, the defendant, operates a free-to-download...

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