Litigation

Thanks to the Internet, consumer reviews have grown both more ubiquitous and more influential in recent years. Likely in reaction to that trend, there have been a number of publicized examples of businesses attempting to...

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Can a person sue a company for a technical violation of a statutory right that does not cause actual concrete injury? This question has significant ramifications, as Article III’s standing requirements affect the viability of...

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Without mentioning, much less examining, the inconsistent outcomes and rationales of numerous other courts to have confronted the issue (see here here and here for our analysis of some of those decisions), the Sixth Circuit...

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The cost of fraud prevention services, fraudulent credit card charges, and time spent monitoring for fraudulent activity are sufficient to confer standing upon data breach victims, or so says the Seventh Circuit. In its second...

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The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...

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At least within the Third Circuit, in order for arbitrators, not a court, to decide whether disputes are subject to class arbitration, an arbitration agreement must “clearly and unmistakably” delegate such power to arbitrators. It...

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Arbitration agreements with class-action waivers are an important way companies minimize litigation risks. Reduced risk can often lead to benefits for the companies’ consumers or employees. But such arbitration provisions must be carefully crafted for...

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No More Safe Harbor: Don’t Panic (Yet)

October 7, 2015 | 0 Comments

The European Court of Justice (ECJ), the highest legal authority in the European Union, struck down the European Commission’s 15-year-old Safe Harbor agreement October 6, 2015 due to concerns that the framework does not sufficiently...

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Internet service providers and other online services that publish third-party content (like user-posted videos, reviews and ads) rely upon Section 230 of the Communications Decency Act (CDA) to provide them with immunity from liability for...

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Attorneys General from eight states submitted an amicus brief in Spokeo v. Robins, urging the Supreme Court to overturn the 9th Circuit’s ruling that a technical violation of a statute can confer Article III standing...

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