Court Sends Google Assistant Privacy Lawsuit Back for a Redo
…inquiry, which cannot be performed at the motion to dismiss stage. Breach of Contract: The breach of contract claim was premised on a statement in Google’s terms of service that…
2H 2019 and Q1 2020 Quick Links, Part 4 (Section 230)
…information content provider.” Dismissal of Igbonwa’s breach of contract claim was proper because Igbonwa failed to allege facts sufficient to show that defendants violated any provision in the Terms of…
Ninth Circuit Reinstates Decade-Old Lawsuit Against Facebook For Tracking Logged-Out Users–In re Facebook Internet Tracking
…invasion of privacy claims; (3) breach of contract and breach of the duty of good faith; (4) fraud; (5) trespass to chattels; and (6) larceny. The district court found the…
2H 2019 and Q1 2020 Quick Links, Part 2 (Trademarks/Keywords)
…2019 WL 4464302 (W.D. Wash. Sept. 17, 2019): “Cyber Liability and Data Breach Response Coverage” insurance policy does not cover competitive keyword advertising lawsuit. * Volkswagen AG v. IMAN365-USA, 2020…
Another Court Significantly Limits the Scope of Criminal CFAA–Sandvig v. Barr
…prosecute them, the researchers face a panoply of other potential legal claims for their research endeavor, ranging from civil trespass to chattels to breach of contract. Furthermore, the court notes…
U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper
…have exclusive jurisdiction over both patent and copyright infringement suits, remains unclear. In Allen, the Court suggested that a breach of contract or unjust enrichment lawsuit might suffice. [Slip op….
Judge Isn’t Impressed By Lawyer’s Purported Unfamiliarity With LinkedIn–Reyes v. Tanaka
…the breach. In 2020, it’s amazing that any attorney doesn’t understand LinkedIn’s basic operations or hasn’t completed a LinkedIn profile (at least in part). I doubt any reader of this…
Nextdoor Post Isn’t Protected by Anti-SLAPP Law–Jeppson v. Ley
…guns and a bullet-riddled human silhouette.”] Jeppson sued the Leys for breach of contract, defamation, and intentional infliction of emotional distress. The Leys sought to strike the lawsuit as a…
Facebook Still Isn’t Obligated to Publish Russian Troll Content–FAN v. Facebook
…Facebook as a publisher.” This wipes out the claims for Unruh Civil Rights Act, breach of contract, and breach of the implied covenant of good faith and fair dealing. This…
Resetting the California Consumer Privacy Act (CCPA)…with 2 Weeks To Go! (Part 1 of 3)
…exercising their privacy rights, and the right to sue companies for certain types of data breaches. The CCPA comes into effect in a couple of weeks, and there have been…