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Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

Court Allows Service Via Email and Facebook

The Internet is widely used by organizations and individuals to communicate and conduct business globally. Courts are recognizing that traditional methods of serving pleadings and documents may not be sufficient when it comes...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

US v. Pokerstars, et. al. (Christopher Ferguson)

SDNY Hon. Judge Kimba M. Wood executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more

US v. Pokerstars, et. al. (Christopher Ferguson)

LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin dated 02/19/2013

LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON [Submitted 02/19/2013 for court approval by Hon. Judge Kimba M. Wood] ...more

Advertising Law -- Feb 15, 2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

Repeat Customers Drive Denial of Class Certification in False Advertising Wrinkle Cream Suit

Neutrogena recently defeated class certification in a case alleging violations of California’s false advertising laws and express warranty claims against the company in connection with the advertisement and sale of its...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013 re: The Government requests, with the consent of claimant/defendant Ferguson, an additional...more

California Supreme Court To Rule On Legality Of Collecting Customer Information During Online Credit Card Purchases

Companies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. ...more

California Federal District Court Dismisses Privacy Class Action For Lack Of Injury

On December 28, the U.S. District Court for the Northern District of California dismissed a putative class action alleging that Google Inc.’s privacy policy violates the federal Wiretap Act and state consumer protection...more

Supreme Court To Examine Generic Drug Lawsuits

The U.S. Supreme Court will hear arguments next year on whether lawsuits against defective generic drugs can proceed in state court if they are not in violation of federal law. In Mutual Pharmaceutical Co v. Bartlett,...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's...more

Poker Gaming Act of 2013: State of Texas Bill (HB 292 filed 12/17/2012)

POKER GAMING ACT OF 2013 -- State of Texas Bill relating to the authorization and regulation of poker gaming and the duties of the Texas Lottery Commission; providing civil and criminal penalties. HB 292 Legislative Session:...more

U.S. District Court for the District of Columbia Determines That FDA Warning Letters Are Not Final Agency Action

This reinforces the significance of entities that receive warning letters timely responding to the FDA to provide an appropriate record for a court to evaluate if the FDA takes enforcement action at a future date. On...more

Electronic Privacy Information Center v. United States Department of Homeland Security

Plaintiff's Reply In Support Of Its Cross-Motion For Summary Judgment

EPIC Asks Court to Require Release of Documents About Body Scanner Radiation Risks EPIC has filed a reply motion in EPIC v. DHS, No. 1:11-cv-01991-ABJ, a Freedom of Information Act lawsuit for information, held by the...more

Advertising and Marketing- August 11, 2011

IN THIS NEWSLETTER: *Mavrix Photo Ruling Says Significant Online Activity Sufficient to Justify California Suits Against Non-Resident Companies *ICANN Rebuffs ANA’s Call to Cancel Unlimited Top-Level...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Campmor, Inc. v. Brulant, LLC

Certification of Brian Cooper in opposition to motion in limine to exclude his testimony as an SEO expert

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion in limine to exclude SEO expert witness of plaintiff

Is there really such a thing as "credentials" for purposes of testifying as an expert on search engine optimization (SEO)? Of course not. Campmor, Inc., a successful online retailer of camping and outdoor equipment...more

InfoBytes, April 8,2011 - Weekly In-depth review of news & developments in the financial services industry

TOPICS IN THIS ISSUE • Federal Issues • Courts • Firm News • Miscellany • Banking • Litigation • E-Financial Services • Criminal Enforcement Action Federal Issues Federal Reserve Board Proposes...more

FTC Gets Shut Down - Once Again - In Its Bid To Change How Courts View Reverse Payment Settlements

As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this time directed at two...more

Fourth Circuit Affirms CDA Immunity For Consumer Review Website

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an...more