2H 2022 Quick Links, Part 1 (Marketing, Privacy)
…this prong of §§ 50– 51. “ Privacy * In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. Cal. Dec. 22, 2022). “The key question at the heart of…
Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)
…II, like its predecessor hiQ Labs I, did nothing to resolve those other legal issues; 4) at least for now, courts allow companies to invent property rights through a breach…
Prager’s Lawsuit Over Biased Content Moderation Decisively Fails Again (This Time, in State Court)–Prager v. YouTube
…a parallel state court lawsuit. Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith…
As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)
…spoliation sanctions. The opinion. Breach of Contract On the breach of contract claim, LinkedIn moved for summary judgment on the basis that 1) hiQ’s scraping of its site violated the…
Twitter Wins Another Account Termination Case–Yuksel v. Twitter
…Kimzey v. Yelp (WD Wash), Kimzey v. Yelp (9th Cir.). Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. And courts routinely…
Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)
…in the United States for breach of its terms of service, because Ryanair’s terms of service are governed by Irish law and require the jurisdiction of Irish courts. Because Ryanair…
Facebook’s Website Isn’t Governed by the ADA–Lloyd v. Facebook
…failed to take appropriate moderation measures against users. This is exactly the type of claim that courts consistently deem protected publisher activity.” Contract Breach The plaintiff claims Facebook made various…
Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer
…sued defendant for breach of contract, among other things. In August 2022, the plaintiff filed for a temporary restraining order to get an injunction to stop defendant from competing against…
Another Example of How “Notice and Explanations” Requirements are a Liability Trap–Shared v. Facebook
…Shared avers that Meta committed breach of contract (Claim 3), breach of the implied covenant of good faith and fair dealing (Claim 4), and intentional misrepresentation (Claim 5) or negligent…
Court Dissolves hiQ’s Injunction Against LinkedIn–hiQ v. LinkedIn
…was doomed either way. Now, “hiQ no longer offers the competing products that underpinned its UCL claim; it does not have agreements with customers to breach; its employees are gone;…