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1
California Enacts First State Law Targeting Iot Cybersecurity
On September 28, California Governor Jerry Brown signed a first-of-its kind law to regulate the security of connected devices that make up the "IOT"—connected fitness trackers, smart appliances, home alarm systems...
United States
18 Oct 2018
2
Five Questions General Counsels Should Ask About Cybersecurity And Data Privacy Litigation
Cybersecurity and data privacy litigation continues to grow rapidly in scale and complexity.
United States
10 Nov 2016
3
Supreme Court Holds in Spokeo that Plaintiffs Must Show "Real" Harm to Have Standing to Sue for Statutory Damages
The Supreme Court today issued its decision in Spokeo, Inc. v. Robins (pdf), a closely-watched case presenting the question whether Article III's "injury-in-fact" requirement for standing to sue in federal court may be satisfied by alleging a statutory violation without any accompanying real world injury.
United States
16 May 2016
4
Plaintiffs Who Settle Individual Claims Can’t Appeal Class Claims in the Ninth Circuit Unless They Retain a "Financial Interest" in the Case
The Ninth Circuit recently clarified the circumstances in which a plaintiff who settles his or her individual claims can appeal the denial of class certification of related claims.
United States
18 Feb 2015
5
California Approves Consumer Law Protecting Right To Leave Negative Online Reviews
User-driven websites, where users are able to leave feedback about products or businesses, have increasingly become the backdrop for disputes over the non-disparagement clauses used to shield businesses from critical online reviews.
United States
20 Oct 2014
6
Lack of Standing in Data Privacy Cases: Not Just A Federal Court Defense
While data privacy—especially data breach—cases in the United States have been on the rise for years now, most cases never make it past the pleading stage.
United States
26 Aug 2014
7
Automatic Renewal Class Actions Are On the Rise
The automatic renewal of subscription services has become quite commonplace: typically, companies renew subscribed services and charge credit card numbers maintained on file until the customer cancels the service or either the credit card or the service expires.
United States
3 Jun 2014
8
Plaintiffs Seek Expansion Of Video Privacy Laws
Plaintiffs traditionally face an uphill battle in class actions alleging misuse of personally identifiable information (PII) gathered from Internet cookie tracking (i.e., data transferred between users’ web browsers and companies’ web sites).
United States
3 Jun 2014
9
What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion of Privacy Act?
Since 2006, companies based outside California have been alert to the potential burdens of class actions under California's Invasion of Privacy Act ("CIPA"), Cal. Penal Code § 630 et seq. The laws of most states, as well as federal law, allow telephone calls to be recorded with the consent of one party to the call.
United States
6 Feb 2014
10
App Store Privacy Class Action Survives Apple’s Motion to Dismiss In Light Of Online Representations
The plaintiffs’ bar continues to march forward in bringing privacy-related class actions. As we’ve written before, companies have often been able to defeat such lawsuits at the pleading stage when plaintiffs cannot allege that they suffered a harm that was concrete or cognizable.
United States
4 Sep 2013
11
Failure To Allege Harm Narrows Data-Breach Suit
When a company’s computer systems are raided by hackers, all too often it must brace itself for being victimized a second time by the class action bar.
United States
12 Aug 2013
12
Do Plaintiffs Have Standing To Sue Over Alleged Reduction In The Value Of Their Personal Data?
A key question in many privacy class actions is whether the plaintiff has suffered an injury sufficient to confer Article III standing.
United States
4 May 2013
13
Disclosures In 140 Characters Or Less: New FTC Guidance On Online Advertising Disclosures Target Social Media And Internet Advertisers
The US Federal Trade Commission recently updated its guidance on online disclosures—Dot Com Disclosures: How to Make Effective Disclosures in Digital Advertising (the 2013 Dot Com Disclosures).
United States
20 Mar 2013
14
Privacy And Mobile Apps: The California AG Speaks Out
In recent months, we have seen growing interest in potential privacy issues in the context of mobile applications.
United States
29 Jan 2013
15
Fifth Circuit Holds That Employer’s Access To Data Stored On Employee’s Personal Cell Phone Not Shielded By Stored Communications Act
The intersection of individual employee privacy and the proliferation of the use of hand-held devices and smart phones for business purposes, including the increasing popularity of bring-your-own-device (BYOD) policies, continues to generate thorny questions for employers.
United States
28 Jan 2013
16
California Attorney General Provides Privacy Recommendations For Mobile Industry
Last week, California Attorney General (AG) Kamala D. Harris released new privacy recommendations for the mobile industry.
United States
24 Jan 2013
17
New California Employment Laws - January, 2013
A number of important employment-related laws came into effect at the start of the new year.
United States
15 Jan 2013
18
Brinker’s Impact On Certification Of Meal-Break Class Actions In California
Class actions alleging that employers’ meal-break policies violate California law have long been a favorite of the plaintiffs’ bar.
United States
28 Dec 2012
19
California Court Of Appeal Rejects NLRB’s View That Federal Labor Law Prevents Use Of Class Waivers In Employment Arbitration Provisions
Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.
United States
25 Jul 2012
20
California Employers "Provide" Meal Periods by Making Them Available but Need Not Ensure that Employees Take Them
On April 12, 2012, the California Supreme Court issued its long-awaited decision on the scope of an employer’s obligation under California law to "provide" employees with meal and rest periods.
United States
23 Apr 2012
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