litigation

Data Breach Litigation Waivers: Be Careful What You Wish For

Companies with data breach litigation waivers may find those waivers used against them by savvy law firms In her 1969 book, “On Death and Dying,” Elisabeth Kübler-Ross described the five stages of ...
Security Boulevard
Shutterfly Facial Recognition Arbitration

Illinois Court Upholds Unilateral Amendment to Shutterfly Arbitration Provision

In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to ...
‘Tiny’ COPPA Case Provides Broad Guidance

‘Tiny’ COPPA Case Provides Broad Guidance

At the end of April, the U.S. District Court in New Mexico dismissed most, but not all, of the New Mexico Attorney General’s claims against a group of Ad Networks and Google ...
Alexa, Do My Kids Have to Arbitrate?

Alexa, Do My Kids Have to Arbitrate?

A recent District Court decision has called into question the enforceability of mandatory arbitration clauses against third parties that use a product or service but do not themselves agree to arbitrate. The ...
COVID-19 Litigation Video Conference

Litigation in the Time of COVID-19

| | COVID-19, General, litigation
Just as the global health crisis is significantly altering our day-to-day lives, it is altering the nature and practice of litigation. Courts are closing their doors and limiting their dockets. Clients, firms ...
CCPA Statutory Damages Class Action Litigation Woman Credit Card eCommerce Payment

CCPA’s Statutory Damages Push More Breach Litigation to the Golden State

We had long predicted that the CCPA’s introduction of statutory damages associated with certain data breaches would make California a popular venue for data breach class action lawsuits. Sure enough, litigants are ...
IBM security

Advancing Open Source Innovation in Cybersecurity

OIN seeks to secure the inclusion of open source in technology without fear of litigation from patent trolls Due to the convergence of an escalation in the number of security vulnerabilities, an ...
Security Boulevard
The Death Knell for Class Arbitration?

The Death Knell for Class Arbitration?

On April 24, 2019, the U.S. Supreme Court held in Lamps Plus v. Varela that under the Federal Arbitration Act (“FAA”), class arbitration is only permitted when explicitly provided for in arbitration ...
Online Platform Design Issues Lead to Certified False Advertising Class

Online Platform Design Issues Lead to Certified False Advertising Class

| | litigation
A recent class certification decision in the Northern District of California highlights the importance of platform design. A group of hotel owners alleged that Expedia’s website provided false information about the availability ...
Keeping a Finger on BIPA

Keeping a Finger on BIPA

On January 25, 2019, the Illinois Supreme Court unanimously ruled that infringement of a right afforded under the state’s Biometric Information Privacy Act (“BIPA”), even absent harm, is sufficient for a plaintiff ...