Once Again, LinkedIn Can't Use CFAA To Stop Unwanted Scraping--hiQ v. LinkedIn

Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

The hiQ v. LinkedIn lawsuit started in 2017. In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light…

Poorly Executed "Sign-in-Wrap" Contract Formation Process Fails--Berman v. Freedom Financial

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…

Instagram Embedding Cases Continue to Vex the Courts--McGucken v. Newsweek

Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek

This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request…

If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration?

Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion. This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by…

Database Access After Failed Negotiations Didn’t Violate the CFAA–Carfax v. Accu-Trade

Plaintiff (Carfax) manages information regarding used cars and light trucks. It owns a “QuickVIN” tool that allows users to search vehicle-related information by license plate number, rather than by VIN number. Defendant Accu-trade is a valuation platform and is a…

Departing Employees Rename Their Former Employers' Facebook Account. That May Be a Problem--La Baguette v. Tito & Tita

Departing Employees Rename Their Former Employers’ Facebook Account. That May Be a Problem–La Baguette v. Tito & Tita

This is an employer/ex-employee dispute over a Facebook page. As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the…

LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets--Atwal v. LifeLock

LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets–Atwal v. LifeLock

This is a lawsuit against LifeLock. In August or September of 2018, Atwal allegedly lost approximately $12 million worth of cryptocurrency because a third party misappropriated his credentials. A few months prior, Atwal had subscribed to a LifeLock “Ultimate Plus”…

Another Confused Entry in the Social Media Account Ownership Jurisprudence--JLM v. Gutman

Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “Social Media Ownership Disputes Part II: Bridal Wear…

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause--Nicosia v. Amazon

Lawsuit Still Goes to Arbitration, Even Though Amazon Has Since Removed Its Arbitration Clause–Nicosia v. Amazon

This is the latest update in Nicosia’s multi-year lawsuit against Amazon. That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). The district court found Nicosia was bound by the arbitration agreement in Amazon’s terms of…

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

Privacy Lawsuit Based on Website Tracking by Service Provider Trimmed

This is a lawsuit against Nike and its service provider (FullStory), which provides Nike with “session replay” functionality for its website. FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information,…