Recent Posts

We welcome longtime friend of the firm and former Oath/Yahoo attorney, Chris Madsen, to ZwillGen as Counsel and Managing Director for ZG Subpoena Solutions (ZGSS). Chris joins us after more than a decade working on law enforcement and security matters in government and in-house at Oath/Yahoo, most recently as Vice President & Chief Counsel for...

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NaviStone and Clients Secure Win For Omnichannel Marketing

Jul 17, 2018 by Ken Dreifach and Michelle Anderson

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 cognizable injury under New York’s deceptive acts and practices laws and did not violate the federal Wiretap Act or the...

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The FTC has announced a proposed Privacy Shield-related settlement, alleging that a company falsely stated that it was in the process of being certified under the EU-U.S. Privacy Shield framework because it “did not complete the steps necessary to participate in the … framework.” In its complaint, the FTC claimed that the company’s website discussed...

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Don’t Wait – Check Your User Flow Now

Jul 3, 2018 by Zach Lerner and Anna Hsia

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 have challenged the arbitration clause in online contracts. In Cullinane, et al v. Uber Technologies, Inc., No. 16-2023, 2018 WL...

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California Passes Watershed Data Privacy Bill

Jun 29, 2018 by Michelle Anderson and Marci Rozen

California has enacted the California Consumer Privacy Act of 2018 (AB 375) (the “Act”), which grants California residents a number of rights that, in some ways, reflect those provided under the EU General Data Protection Regulation (“GDPR”). The Act goes into effect on January 1, 2020, giving businesses 18 months to update their privacy notices...

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Third Circuit Inflicts Blow to TCPA Lawsuits

Jun 29, 2018 by Michelle Anderson, Anna Hsia, Nick Jackson and Jeff Landis

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 actual and present capacity to generate random or sequential numbers in order to be considered an autodialer under the TCPA....

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Since at least fall of 2017, the Department of Education (“ED”) has expected institutions of higher education to report data breaches directly to the department on the same day a breach is discovered – or face fines. Most colleges and universities are by now well aware of their responsibility for safeguarding the confidentiality of student...

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Summary of Supreme Court’s Decision in Carpenter v. United States

Jun 22, 2018 by Marc Zwillinger and Jake Sommer

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 and held that the government must obtain a warrant to search a target’s Cell-Site Location Information (“CSLI”). The Court found...

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Note: The California Consumer Privacy Act ballot initiative discussed in this post was withdrawn from the November ballot on June 28, 2018, after the California legislature passed a bill, AB 375, of the same title. Learn more about the bill here. A consumer privacy ballot initiative that would create new rights for consumers and affirmative...

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Content With Subpoena? CA Supreme Court Says Yes

Jun 20, 2018 by Jeff Landis and Lisa Page

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, 417 P.3d 725, 744 (Cal. 2018), the court concluded that electronic communication service providers must produce “publicly configured” data in...

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