Ten Reasons Why California’s New Data Protection Law is Unworkable, Burdensome, and Possibly Unconstitutional (Guest Blog Post)
…from describing the circumstances of data breaches in their notices to consumers, while other states require descriptions. Variations in data breach notification laws are inconvenient, particularly because they matter most…
Amazon Again Avoids Liability for Defective Marketplace Item–Fox v. Amazon
…the safety concerns breached this duty. The court says that Tennessee courts have not recognized a post-sale failure-to-warn claim. Nor is there a special relationship between the parties that would…
A Privacy Bomb Is About to Be Dropped on the California Economy and the Global Internet
…data breach notification law. This is an omnibus law, making it impossible to summarize in soundbites. Instead, here is the Senate Judiciary Committee report’s 3,000 word “summary”: ___ This bill…
Appeals Court Curbs FTC’s Enforcement of Security Standards–LabMD v. FTC
…Data Breach Litigation Rulings (Guest Blog Post) A Tale of Two Spokeos “Manufactured” TCPA Suit Fails For Lack of Standing More Data Breach Lawsuits Fail In Court–Michaels Stores and SuperValu…
Court Allows “Battery by GIF” Claim to Proceed–Eichenwald v. Rivello
…& Hatch v. McGuireWoods State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting Pages from Diary to Facebook North Carolina State Supreme Court Strikes Down Cyberbullying Statute…
Lawsuit Over Cancer-Curing Honey Ads Still Sucks–Abid v. Google
…Google’s motion to dismiss with leave to amend. My prior blog post. Abid tried again. His second round goes no better than his first. Breach of Contract. “Because Plaintiff did…
Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin
…noting that entitlement to sue depends on being the owner or exclusive licensee under the Copyright Act. Stross was not suing for breach of contract, and thus his status as…
Recapping a Year’s Worth of Section 230 Cases That Got Stuck in My Blogging Queue
…and the Court need not address whether those aspects of the software are ‘products’ for purposes of strict products liability.” The claims for TOS breach or marketing disclosures fail for…
Court Affirms Stalking and Harassment Conviction for Tagged Tweets–In re AJB
…(Minn. Ct. App. Apr. 9, 2018) Related Posts: New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases” State Sup. Ct. Affirms Harassment and Breach of Peace Conviction for Posting…
Google Can Reject Ads Promoting Honey That Claims to Cure Cancer–Abid v. Google
…Sherman Act claim. “there are no facts showing Google sought to unreasonably restrain trade, let alone succeeded in doing so.” Breach of contract. Google didn’t breach its AdWords contract by…