The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post)
…and data breach notification laws in all 50 states, just to name a few. The history has already been painfully long for those of us practicing in privacy and data…
Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva
…Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks In Hannaford Data Breach Case, First…
CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act (Guest Blog Post)
…for infringement or §512 misrepresentation, or for breach of contract, provided it adds no additional parties and that it arises out of the same transaction or occurrence as one of…
Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter
…Twitter wins on Section 230(c)(1) grounds. Nevertheless, the court also independently concludes that the individual claims fail for lack of merit. Breach of Contract. There’s no breach of contract when…
Court Rejects Parler’s Demand That Amazon Host Its Services
…Breach. Parler argued that AWS breached its hosting services contract, because the AWS terms required 30 days’ notice before termination. However, the AWS terms also authorized AWS to terminate the…
Facebook Isn’t Liable for Account Hack/Hijack–Damner v. Facebook
…a duty.” Breach of Contract. “the SRR makes clear that Facebook did not promise to safeguard Plaintiff’s private information.” A misrepresentation claim also fails. Cal. Civil Code 1798.29. This provision…
2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More)
…Woodards sustained injury as a proximate result of that breach. Finally, the Complaint is devoid of any references to express or implied warranties that Google allegedly breached that caused damage…
Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook
…he is really accusing Facebook of utilizing its community standards to make classic publishing decisions.” This ruling adds to the jurisprudence finding that Section 230 can immunize breach of express/implied…
2H 2020 Quick Links, Part 2 (Section 230)
…sounding in negligence, or as breach of contract. (See for example, Cross v. Facebook, Inc. (2017) 14 Cal.App.5th 190, 207). * This amicus brief explains how the Internet helps transgender…
Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon
…ruling isn’t addressing Amazon’s marketplace function. Negligence and Breach of Implied Warranty. The product packaging listed konjac flour as an ingredient and consumer reviews indicated that people were having problems…