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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more
On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more
The U.S. Supreme Court has agreed to hear appeals of the Ninth Circuit’s decisions in the Facebook and NVIDIA putative securities class action cases. Our Securities Litigation Group breaks down the potentially far-ranging...more
Meta Lays the Groundwork for Potential Sea Change in BIPA Litigation - In Zellmer v. Meta Platforms, the Ninth Circuit evaluated an appeal from summary judgment entered in favor of Meta. This case stemmed from the...more
On May 13, 2024, in Drazen v. GoDaddy.com, LLC, the United States Court of Appeals for the Eleventh Circuit issued a scathing, 123-page decision reversing a district court’s approval of a class-action settlement in...more
Meta (formerly Facebook) has been hit with a revived class-action shareholder suit stemming from its involvement with Cambridge Analytica, a firm that infamously mined Facebook user data for hyper-targeted political...more
In July, Instagram’s parent company Meta Platforms, Inc. (“Meta”) agreed to a $68.5 million class-action biometric privacy settlement in connection with the company’s alleged violation of Illinois’ Biometric Information...more
State Attorney Generals (“State AGs”) and the federal government are capturing headlines for increasingly suing large corporations for unfair and deceptive trade practices. In some cases, these actions are tackling...more
As set forth in BakerHostetler’s 2023 Data Security Incident Report, privacy litigation is on the rise. Indeed, 2023 saw a nearly 100 percent increase from 2022 in the number of lawsuits filed in connection with data security...more
To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more
Ninth Circuit precedent protects information service providers from liability arising from user-generated content, including when classifying user characteristics as part of platform design or providing neutral tools that...more
Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for...more
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more
The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint,...more
In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more
While plaintiffs’ attorneys were initially focused late last year on suing health care entities for using Pixel and other tracking technology to share information about website users with social media platforms such as Meta...more
Class actions have long been difficult to certify in fraud cases. But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm. That decision is now on...more
On September 19, 2022, a Massachusetts District Court denied Boston Globe Media Partners LLC’s (the Globe) motion to dismiss a class action suit brought against it in what could be a boon for consumers’ demands to protect...more
Report on Patient Privacy 22, no. 8 (August, 2022) - The Department of Justice (DOJ) seized around $500,000 in Bitcoin ransom paid by two health care organizations in Kansas and Colorado to North Korean ransomware actors...more
Let’s review: •Health information is sensitive. • Sharing it with third parties for advertising is more sensitive. •Doing it behind a log-in where there is no expectation of such tracking? ...more
In Douez v. Facebook, Inc., 2022 BCSC 914, the Supreme Court of British Columbia (the “Court”) held that Facebook used class members’ names and images in its “Sponsored Stories” advertising program without their consent,...more
Facebook’s parent company Meta has agreed to settle one of the longest-running data privacy lawsuits in the country for $90 million. This dispute, originally filed in 2012 in a total of 21 related cases, alleged that Facebook...more
On December 20, 2021, the United States District Court for the Northern District of California dismissed a putative class action against a social media company and certain of its executives under the Securities Exchange Act. ...more
Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more
On Sept. 23, the Delaware Supreme Court endorsed a new universal three-part demand-futility test in United Food and Commercial Workers Union and Participating Food Industry Employers Tri-State Pension Fund v. Zuckerberg, et...more