Evan Nadel

Evan Nadel

Mintz Levin

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Massachusetts Supreme Judicial Court Bows to U.S. Supreme Court on Class Action Waivers in Arbitration Agreements

In an abrupt but not unexpected reversal, the Massachusetts Supreme Judicial Court (SJC) has been forced to change its position on class action waivers in arbitration agreements in light of a new decision by the U.S. Supreme...more

8/7/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Dell Federal Arbitration Act SCOTUS

Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict

When a person agrees to a contract that prohibits class-wide proceedings — whether in court or in arbitration — can a court refuse to enforce that contract because it would make no economic sense for an individual to spend...more

7/5/2013 - American Express American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more

6/15/2013 - CFAA Class Action Class Certification Clickwrap Agreements Data Collection ECPA Harris v comScore Software Stored Communications Act Unjust Enrichment Web Tracking

Delta Finds Reprieve in State Court, but Not Everyone Will Get to Fly the Friendly Skies

California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines, Inc. won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy...more

6/4/2013 - CalOPPA Data Protection Delta Airlines Enforcement Actions Mobile Apps

Setback for Apple in iPhone MDL

In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more

3/13/2013 - Apple Class Action Data Collection Data Protection Discovery iPhone Mobile Apps Multidistrict Litigation Personally Identifiable Information

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

2/25/2013 - AT&T Mobility AU Optronics Corp Cartwright Act Conspiracies Due Process Extraterritoriality Rules LCD Panels Price-Fixing

California Supreme Court Gives California’s Unfair Competition Law More Coverage

The California Supreme Court, in Aryeh v. Canon Business Solutions, Inc., 2013 WL 263509 (January 24, 2013), resolved a split in the lower appellate courts over the applicability of common law rules of accrual to the statute...more

2/12/2013 - Canon Business Solutions Statute of Limitations Unfair Competition

“Fly Delta” May Get Grounded by California Attorney General

Delta Airlines, Inc. may have to pay fines equal to 20 “excess bag” fees for each user that has downloaded its “Fly Delta” mobile application. California Attorney General Kamala Harris has filed a complaint against Delta,...more

12/11/2012 - Delta Airlines Kamala Harris Mobile Apps Online Privacy Protection Act Privacy Policy

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