Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
A federal judge has ordered non-party Google to disclose the search terms and custodians it used to respond to a subpoena. The magistrate judge’s order in the Apple v. Samsung case pending in San Jose emphasized that...more
Relying on the California court’s 1985 Moyes decision permitting anti-raiding provisions, at least six of Silicon Valley’s largest companies agreed to not hire each other’s employees. This collaboration backfired, however,...more
Parties conduct electronic discovery often by using search terms or keywords to locate relevant information during litigation. With the advent of electronic discovery, courts must now answer the question of whether the search...more
The issues that a court must address in determining whether to seal the record in a patent case present an interesting counterpoint to most other aspects of high-stakes litigation, in which one typically finds adversaries...more
A Berlin court ruled that eight clauses in Apple Sales International's (“Apple”) standard data use policy, which covers how the company can share data, do not comply with Germany’s privacy protection laws and enjoined Apple,...more
When Apple Inc., disclosed that it has not paid any corporate income tax over the past 4 years, it got the government’s attention. Hailed before the Senate, Apple is confident in their tax position because, it is legal. ...more
A California federal court recently narrowed further the scope of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747.08), which limits the information retailers can collect during credit card transactions, by...more
The SEC’s “unbundling” requirements have largely been the stuff of SEC lore -- periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s...more
Duets readers everywhere may recall my shock back in June 2011 when I encountered the first Microsoft brick-and-mortar store at the Mall of America. Now, about two years later, the store is still there, located right across...more
The pressures of global litigation have forced litigants to further consider how, when, and where they will obtain discovery. Under developing case law, litigants involved in related litigations in different venues should...more
In This Issue: Renewable Energy Focus - California ISO Gives Green Light To Renewable Energy Transmission Projects; Senators Introduce Bipartisan Offshore Energy Revenue-Sharing Legislation; Wind Energy Constituted...more
In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more
In This Issue: SPECIAL FOCUS: FTC Releases Updated Guidance for Digital Marketers; Less Dry or Moisturized? NAD Decides; FTC Targets Lack of Security on Mobile Device's Software; Apple, Parents Reach Deal on In-App...more
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
On February 22, 2013, the U.S. District Court for the Southern District of New York ruled in favor of Greenlight Capital, L.P., et al. ("Greenlight") in the matter of Greenlight Capital, L.P., et al v. Apple, Inc....more
In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more
A little over a year ago, the United States District Court for the Central District of California ruled that California’s Song-Beverly Act (the Act), which prohibits collection of “personal identification information” in...more
The California Supreme Court held on February 4, 2013 that the provision of the Song-Beverly Credit Card Act of 1971 (the “Act”) prohibiting retailers from requesting personally identifying information as a condition to...more
In at least one specific type of transaction, California retailers can now breathe a little easier. In Apple Inc. v. Superior Court (Krescent), No. S199384 (Cal. Feb. 4, 2013), the California Supreme Court found that Section...more
On February 4, 2013, the California Supreme Court held in Apple Inc. v. Superior Court (Krescent) that the Song-Beverly Credit Card Act’s prohibition against recording customers’ personal identification information as a...more
The California Supreme Court ruled last week that online retailers of electronically downloaded goods may seek personal information from customers who use credit cards, bypassing privacy restrictions placed on physical...more
Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for...more
As reported here, the FTC earlier this month released a staff report on mobile privacy. The report, Mobile Privacy Disclosures: Building Trust Through Transparency, provides privacy practice recommendations to firms operating...more
Originally published in Website Magazine, on January 18, 2013. It is a safe prediction for 2013 that public awareness of websites’ data privacy issues will continue to increase. In the last few years, popular websites,...more
On February 1, the FTC released a comprehensive report titled “Mobile Privacy Disclosures: Building Trust Through Transparency. As its title suggests, many of the recommendations in the report target mobile privacy issues. ...more
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