My Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking
…the Judge in a Data Breach Case–In re Blackbaud * A Roundup of CCPA Court Decisions (I Only Know of 7) * CCPA Data Breach Lawsuit Against Walmart Fails–Gardiner v….
Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn
…are not without recourse. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of…
Account Suspension Lawsuit Against Twitter Survives Motion to Dismiss–Berenson v. Twitter
…free speech clause.” Contract Breach/Promissory Estoppel. The judge says that Section 230 doesn’t apply to breach of contract or promissory estoppel claims (at least in this case) per Barnes v….
Section 230 Helps Facebook Defeat Lawsuit Over Scam Ads–Calise v. Meta
…merchant never sent any goods at all. The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4)…
Facebook Defeats Lawsuit Over Its Failure to Explain an Account Termination–King v. Facebook
…prima facie elements, but permitted the plaintiff to try again on the claim that Facebook breached the implied covenant of good faith and fair dealing by not providing an explanation…
Section 230 Preempts Game User’s Lawsuit Over Game Moderators’ Behavior–Quinteros v. Forge of Empires
…public interest, and it did not cause injury to her business or property.” Products Liability. An online videogame isn’t a “product.” Breach of Contract. The alleged breaches appear to be…
Vimeo Wins Section 230(c)(2)(A) Ruling on Motion to Dismiss–Daystar v. Vimeo
…emphatically than most other cases do.] Contract Breach Claim. The court says no applicable precedent excludes contract breach claims from Section 230(c)(2)(A). The 230/contract interface has been discussed in many…
Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb “SMART Copyright Act”)
…efforts to accommodate and not interfere with designated technical measures that apply to that covered service provider.” Any copyright owner aggrieved by a breach of this requirement can sue for…
Snapchat May Have a Duty Not to Design Dangerous Software–Maynard v. Snap
…Court Said A common law negligence claim typically has four elements: duty, breach, causation, damages. This highly technical opinion focuses exclusively on the first element of duty; it doesn’t resolve…
Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita
…is likewise unwilling to do so. Breach of Fiduciary Duty: A breach of fiduciary duty is limited in the employment context to higher level employees. Further, Maryland courts allow departing…