Litigation

Both the Federal Trade Commission (“FTC”) and California Attorney General Kamala Harris recently submitted amicus briefs in the appeal of Facebook’s settlement with 150 million of its members relating to Facebook’s use of member photos...

Read More →

After approving the kidSAFE Seal Program in February, the FTC announced last week that it would be considering another candidate – the Internet Keep Safe Coalition (“iKeepSafe”)– for the safe harbor program under the Children’s...

Read More →

Yesterday, the Northern District of California denied class certification in the challenge to Google’s practice of scanning emails to serve advertising, In re Google Inc. Gmail Litig., No. 13-MD-02430-LHK.  Judge Koh had previously denied Google’s...

Read More →

Shine the Light Law – Injury Required

March 4, 2014 | 0 Comments

The Ninth Circuit joined the California Court of Appeals in cutting down plaintiffs’ ability to sue companies for violations of California’s “Shine the Light” law....

Read More →

On February 19, the Federal Trade Commission (“FTC”) hosted a seminar on the collection of device identifiers contained in wifi and Bluetooth signals to track people’s movement around stores, shopping malls, airports, and other physical...

Read More →

In a decision with potential implications for privacy and data security cases as well as those arising out of the FTC’s Bureau of Competition, the Commission last week dismissed all but one of the antitrust...

Read More →

Data breaches are continuing to make headlines. Nearly every state has a data breach notification statute, and many of these statutes require companies to notify affected individuals without unreasonable delay. Previously, little guidance existed on...

Read More →

The Federal Trade Commission has secured a stipulated judgment against a marketer who allegedly sent millions of deceptive text messages. The enforcement action is notable for the FTC’s suggestion that sending text messages without consent...

Read More →

In a case that fundamentally challenges the Federal Trade Commission’s ability to regulate data security, the Commission has denied a motion to dismiss its own complaint against a cancer-detection laboratory LabMD for alleged data security...

Read More →

  On January 21, Hulu filed a brief in its ongoing Video Privacy Protection Act (“VPPA”) litigation arguing that anonymous “user numbers” are not personally identifiable information (“PII”) subject to the VPPA.  If such numbers...

Read More →