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 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 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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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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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Note: The California Consumer Privacy Act ballot initiative discussed in this post was withdrawn from the November ballot on June 28, 2018, after the California legislature passed a bill, AB 375, of the same title.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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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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Webinar: When is it Okay to Use Alt Data?

May 18, 2018 | 0 Comments

As the use of alternative data grows in popularity, firms should ensure they are leveraging this information in a way that does not violate insider trading, privacy, or market manipulation regulations. In Cordium’s webinar, When is it Okay to Use Alt Data?, Marc Zwillinger and Alexandra Fulk, Vice President of Cordium’s compliance consulting division, will cover:...

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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 presented to users as they registered for an event. In Pazol v. Tough Mudder, Inc., the registration website required users...

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The Supreme Court has opened the door for the expansion of legal sports gambling, striking down the Professional and Amateur Sports Protection Act (“PASPA”), 28 U.S.C. § 3701, et seq., as unconstitutional. Passed in 1992, PASPA had prohibited states from, among other things, authorizing, licensing, or operating sports gambling (with narrow exceptions that grandfathered in states...

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