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Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Dechert LLP

Securities and Derivative Litigation: Quarterly Update - September 2024

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Highlight the Third Circuit’s adoption of the de novo standard of review in evaluating appeals of derivative litigation demand-futility decisions; Explore the Sixth Circuit’s recognition of the applicability of the...more

Klein Moynihan Turco LLP

How to Run A Social Media Sweepstakes Promotion

Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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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

Baker Botts L.L.P.

Lawline Sued under the VPPA

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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

Blank Rome LLP

Texas Attorney General Reaches Largest-Ever Biometrics Settlement with Meta

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On July 30, 2024, a Texas state court issued an Order finalizing the largest-ever biometrics settlement, between the Texas Attorney General and Meta for a staggering $1.4 billion. The settlement resolves a longstanding civil...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Bracewell LLP

How Meta’s $1.4 Billion Settlement Impacts Your Obligations Under the Texas Capture or Use of Biometric Identifier Act

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The Texas Capture or Use of Biometric Identifier Act (CUBI) aims to prevent the commercial collection of an individual’s biometric identifiers without their consent. CUBI has been around since 2009, but it has been making...more

Morrison & Foerster LLP - Social Media

Social Links: July 2024

In a rare example of bipartisan agreement, the dramatically named DEFIANCE (Disrupt Explicit Forged Images and Non-Consensual Edits) Act unanimously passed the Senate. The bill allows victims of AI-generated deepfake...more

Vinson & Elkins LLP

Texas Biometrics Case Highlights Need for Consent: Meta Settles for $1.4 Billion

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On July 30, 2024, Meta Platforms, Inc. (formerly known as Facebook, Inc.) agreed to pay $1.4 billion to the State of Texas to settle a lawsuit alleging that Meta unlawfully captured and used biometric identifiers of millions...more

Fox Rothschild LLP

The Top 10 Privacy Law Issues From Last Month

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These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Husch Blackwell LLP

Texas Attorney General Announces First CUBI Settlement

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Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

Vinson & Elkins LLP

SCOTUS To Focus on the Securities Fraud Pleading Standard in Two Cases Next Term

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In a pair of orders issued this month, the U.S. Supreme Court signaled plans to provide further guidance in its upcoming Fall term concerning application of the heightened standard for pleading securities fraud claims...more

Alston & Bird

Supreme Court to Hear Two Important Appeals Regarding the Requirements for Pleading Securities Fraud

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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

Benesch

Noteworthy Biometric Information Updates to the Ever-Changing Legal Landscape

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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

A&O Shearman

United States Supreme Court Grants Certiorari To Consider When Already-Materialized Risks Must Be Disclosed

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On June 10, 2024, the United States Supreme Court granted certiorari to review a decision of the United States Court of Appeals for the Ninth Circuit that partially reinstated a putative class action asserting claims under...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Morrison & Foerster LLP

Supreme Court to Address Whether Risk Disclosures Can Be False or Misleading

On June 10, 2024, the United States Supreme Court agreed to hear argument in Facebook, Inc. v. Amalgamated Bank, No. 23-980, to address whether risk disclosures can be false or misleading if they do not describe a risk that...more

Dorsey & Whitney LLP

The Supreme Court Update - June 10, 2024

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Today, the Supreme Court of the United States granted certiorari in two cases: Facebook v. Amalgamated Bank, No. 23-980: This securities law case arises from a shareholder lawsuit against Facebook, which claimed Facebook...more

Tucker Arensberg, P.C.

Supreme Court Addresses Social Media Usage by a Public Official

Lindke v. Freed, 2024 U.S. LEXIS 1214 (2024) (A public official who blocks someone from commenting on the official’s social-media page engages in state action under 42 U.S.C. § 1983 only if the official both 1) possessed...more

Klein Moynihan Turco LLP

Third Circuit Clarifies TCPA ATDS Liability

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme...more

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Husch Blackwell LLP

Eleventh Circuit Eviscerates TCPA Class Action Settlement

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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

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