Litigation

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...

Read More →

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...

Read More →

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,...

Read More →

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...

Read More →

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...

Read More →

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...

Read More →

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...

Read More →

A United States District Court granted summary judgment to the FBI in a FOIA action brought by the AP, USA Today, and Vice, seeking disclosure of the name of the vendor the FBI used to...

Read More →

Last year, the Supreme Court vacated the Ninth Circuit’s 2014 ruling that plaintiff Thomas Robins had Article III standing to bring his Fair Credit Reporting Act (“FCRA”) action against background check company Spokeo, Inc. The...

Read More →

Video games have come a long way. While nostalgic gamers still have a soft spot for classic games like Asteroids, modern gamers value next-generation graphics and gameplay. The creators of NBA 2K responded to this...

Read More →