Privacy Claims Based on LinkedIn’s Security Promises Survive Motion to Dismiss
This is a lawsuit filed in the wake of a widely reported data breach at LinkedIn. Plaintiffs alleged benefit-of-the-bargain type claims against LinkedIn, saying LinkedIn failed to live up to its security practices. The first time around, the court rejected…
Keyword Advertising Doesn’t Create General Jurisdiction–Rocke v. Pebble Beach
I know, Internet jurisdiction cases are typically blah, but this was more interesting than most. Still, I’ll keep this post brief. The Rockes visited the well-known Pebble Beach Resorts in California. Mrs. Rocke suffered a slip-and-fall there but sued the…
‘Flash Sale’ Website Defeats Class Action Claim With Mandatory Arbitration Clause–Starke v. Gilt
This is a straightforward ruling, but I liked it because it nicely illustrates what’s happening in the field and the courts right now. Gilt Groupe runs the “flash sale” website Gilt.com. I know some folks love these sites but I’ve…
A ‘Juicy’ Supreme Court Case On Food Labeling Regulation–Pom Wonderful v. Coca-Cola (Forbes Cross-Post)
[Note: I wrote this as a preview to the oral arguments at the Supreme Court. I wasn’t sure how to read the tea leaves from oral arguments, but Rebecca thinks the justices asked harder questions of Coca-Cola than of Pom.]…
Revenge Porn Is Bad, But It’s Not GoDaddy’s Fault (Forbes Cross-Post)
Revenge porn is odious, but so is a judge’s disregard for a federal law. In a lawsuit by revenge porn victims over the controversial revenge porn website Texxxan.com, a Texas state trial court had ruled that Texxxan’s web host, GoDaddy,…
Supreme Court Changes False Advertising Law Across the Country (Forbes Cross-Post)
Last week, in Lexmark v. Static Control, the Supreme Court articulated new standards about who can sue for false advertising under federal law. Because the Supreme Court rejected all of the disparate legal tests currently being used, this ruling will…
Ninth Circuit Rejects Plaintiffs’ Bad Misreadings of eBay’s User Agreement–Block v. eBay
Even after all of these years, I remain amazed by the bizarre contract misinterpretations that plaintiffs’ lawyers are capable of. Today’s case targeted the eBay user agreement, a document of special interest to me given my contributions to the agreement…
Android and Pandora Privacy Rulings Accept Low Hurdle for Standing
A pair of rulings from Judge White in lawsuits involving the privacy practices of Android and Pandora employ a loose standard for standing and allowed plaintiffs in both cases to press forward with their claims. In re Google Android Consumer…
Employer Who Takes Over Employee’s Social Media Accounts May Commit Privacy Violation–Maremont v Susan Fredman Design
We’ve blogged about the dispute between Maremont and Susan Fredman Design Group before. Maremont was employed as SFDG’s social media consultant, and when she was injured in a severe accident, SFDG allegedly continued to access (1) a Twitter account registered…
Ninth Circuit Turns Out The Lights on California ‘Shine the Light’ Case
California’s “Shine the Light” statute is designed to facilitate transparency about the information collection and marketing practices of companies. The statute requires companies to disclose to customers the types of consumer information a company discloses to third parties for direct…