With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more
It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more
8/19/2024
/ Behavioral Advertising ,
Business Associates ,
Corporate Counsel ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Marketing ,
PHI ,
Third-Party ,
Tracking Systems ,
Wiretap Act ,
Wiretapping
In a case of first impression, the United States District Court for the Southern District of California granted the motion of Defendant Neighborhood Healthcare seeking order compelling the United States to defend a putative...more
Retailers, financial services firms, and many other companies utilize third party session replay software to maintain a record of interactions with visitors to their websites for a variety of useful purposes, including to...more
On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more
7/27/2021
/ Apple ,
Article III ,
Class Action ,
Class Members ,
Corporate Counsel ,
Credit Reporting Agencies ,
Credit Reports ,
Data Breach ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
iPhone ,
Privacy Laws ,
Ransomware ,
SCOTUS ,
Standing ,
State Constitutions ,
Stored Communications Act ,
TransUnion ,
TransUnion LLC v Ramirez ,
Unfair Competition
As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more
1/17/2019
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Due Process ,
Primary Jurisdiction Doctrine ,
Public Accommodation ,
Regulatory Standards ,
Title III ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
A California court has dismissed a website accessibility case shortly after commencing trial, issuing a sua sponte nonsuit on grounds that the defendant credit union’s website is not subject to the ADA.
Martinez v. San Diego...more
12/31/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Credit Unions ,
Department of Justice (DOJ) ,
Dismissals ,
eBay ,
eBay Test ,
Public Accommodation ,
Sua Sponte ,
Title III ,
Website Accessibility
It was a mixed bag on the litigation front for Uber and Lyft last week following a string of decisions in class action lawsuits against these companies.
On Tuesday, April 5, the Ninth Circuit granted Uber’s petition to...more
4/12/2016
/ Background Checks ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Independent Contractors ,
Lyft ,
Misclassification ,
Misrepresentation ,
Settlement Agreements ,
Uber ,
Wage and Hour
Uber announced that it has reached a settlement in two putative class action lawsuits, Philliben v. Uber Technologies, Inc. and Mena v. Uber Technologies, Inc., which alleged that Uber’s labeling of a $1 charge as a “Safe...more
3/1/2016
/ Background Checks ,
Biometric Information ,
Corporate Counsel ,
CPUC ,
Lyft ,
Misleading Statements ,
Putative Class Actions ,
Social Security Numbers ,
Transportation Network Companies ,
Uber ,
Young Lawyers