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Advertising Law - August 2014

FTC Sues “Yellow Pages” Scammers - In three new complaints filed in Florida and Washington federal courts, the Federal Trade Commission requested a halt to the operations of Canada-based telemarketers that scammed...more

Bernstein Shur Business and Commercial Litigation Newsletter #42

We are pleased to present the 42nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address controversies involving Google and privacy rights, the Foreign...more

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern...more

Digital Privacy’s New Age: Supreme Court Turns off Google’s Radio After Holding That We Are Our Cell Phones

In another installment of “Google does WHAT?!?,” the Supreme Court on June 30 rejected the Silicon Valley giant’s bid to stop a lawsuit accusing the search company of wiretapping. You read that right. Wiretapping....more

Business Litigation Report -- June 2014

In This Issue: - Main Article: ..Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.) – Bankruptcy Court Takes Unusual Steps to Declare Corporate Restructuring a Fraudulent Transfer - Noted With...more

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

Common Flaws in Computer Fraud Class Actions: Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key...

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking...more

Issue Of Gmail Users’ Consent To Google’s Email-Interception Practices Defeats Class Certification

Google recently scored a big victory in its battle against claims that it is illegally intercepting and scanning the content of emails in order to provide personalized advertisements to Gmail users. Plaintiffs in the various...more

Unauthorized Children’s In-App Purchases Round Two: Google Faces Class Action

Just two months after Apple’s settlement with the FTC over lax parental controls over children’s in-app purchases, Google takes the spotlight with claims of unauthorized children’s in-app purchases in the Google Play Store!...more

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its...more

Google Prevails in the Latest Chapter of the Google Books Litigation

On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Bernstein Shur Business and Commercial Litigation Newsletter #32

We are pleased to present the 32nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases addressing the scope of non-solicitation agreements, a challenge to Google’s...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

Google Must Face Most Claims in Keyword Wiretap Class Action

If you were on Google’s home page Friday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday. For Google,...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

Week in Review - September 12, 2013

This week, people around the world remembered the anniversary of 9/11, and President Obama continued to contemplate actions against Syria. Even passive users who may not read the newspaper experienced these events through...more

Business Litigation Report -- July 2013

In This Issue: Main Article: ..“Gray-Market” Goods Now Less Gray Practice Area Notes: ..Trial Practice Update ..Structured Finance Litigation Update ..Russia Litigation Update ..White Collar...more

Copyright Law Reform Engages Both Courts and Congress

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...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

District Court Declines To Find Implied Contract To Adhere To Payment Industry Standards

On November 20, the U.S. District Court for the Northern District of California dismissed a putative class action that claimed, among other allegations, that Google violated an implied contract to handle certain users’ credit...more

Facebook App: Dispute Resolution Terms Upheld

In a Facebook app called “SuperPoke! Pets”, players adopted virtual pets and acquired or purchased virtual currency to buy things for their virtual pets. As one of the first Facebook apps, the game took off in popularity...more

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