Three recent Supreme Court Decisions—Coinbase v. Suski, Smith v. Spizzirri, and Bissonnette v. LePage Bakeries—based on consumer and employment disputes have resolved significant circuit splits over arbitration. These cases...more
In this latest installment of our ongoing consumer privacy series, we focus on potential digital and offline accessibility requirements in the context of the wave of new U.S. state consumer privacy laws.
In the continued...more
8/25/2023
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Human Rights ,
Personal Information ,
Proposed Legislation ,
Risk Mitigation ,
State Privacy Laws ,
Web Content Accessibility Guidelines (WCAG)
In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more
7/12/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Breach of Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Corporate Counsel ,
Data Privacy ,
DPPA ,
Enforcement ,
Privacy Laws ,
Securities Fraud ,
Unfair or Deceptive Trade Practices ,
Video Privacy Protection Act ,
Wiretapping
On June 23, 2023, in Coinbase, Inc. v. Bielski, the Supreme Court resolved a deeply divided circuit court split and ruled that a district court must stay its proceedings while an interlocutory appeal on the question of...more
On July 27, 2022, in Archer v. Grubhub, the Massachusetts Supreme Judicial Court considered whether Grubhub delivery drivers within the Commonwealth are exempt from arbitration under Section 1 of the Federal Arbitration Act...more
It is a legal maxim that arbitration is a creature of contract. A recent District of Massachusetts decision explores critical questions about when that creature can exist outside of the confines of a binding agreement to...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
DraftKings ,
FanDuel ,
Fantasy Sports ,
Financial Services Industry ,
Gambling ,
Litigation Strategies ,
Motion to Compel ,
Payment Processors ,
Terms of Use ,
Unenforceable Contract Terms
On November 4, 2019, in Wainblat v. Comcast Cable Communications, LLC, et. al., No. 19-cv-10976, the District of Massachusetts ordered that a consumer privacy class action against Comcast must be arbitrated on an individual...more
11/15/2019
/ Arbitration ,
Arbitration Agreements ,
Cable Television Providers ,
Class Action ,
Class Action Arbitration Waivers ,
Comcast ,
Consumer Contracts ,
Consumer Privacy Rights ,
Data Management ,
Motion to Compel ,
Personal Data ,
Popular ,
Statutory Violations ,
Subscribers ,
Subscription Services