News & Analysis as of

Mobile Apps

Federal Appellate Court Enforces Terms of Use, Including Arbitration Provision, Entered During Mobile Application Registration...

On August 17, 2017, the U.S. Court of Appeals for the Second Circuit issued an important decision in a high-profile case against Uber Technologies that has broad implications for the enforceability of terms of use entered on...more

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

by Buchalter on

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber...more

Uber Uses Arbitration (And Clean Design) To Put Brakes On Consumer Class Action

Last Thursday, the Second Circuit found that the arbitration agreement in Uber’s Terms of Service was conspicuous enough to be binding and enforceable. As a result, the claims of a putative class of consumers will be...more

Second Circuit Issues Important Decision Strengthening the Enforceability of Digital Arbitration Agreements

by Blank Rome LLP on

Action Item: Businesses utilizing web or smart phone app-based contractual terms containing arbitration clauses made available by hyperlink should ensure that the link to the clause is reasonably conspicuous, and that the...more

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Apple Removes VPN Apps from China App Store

by Fisher Phillips on

Apple’s removal of VPN apps from its app store in China could signal a difficult road ahead for companies doing business there. In March 2017, we posted a summary of China’s new cyber security law (Law) that went into effect...more

Key Considerations for Adopting Ephemeral Communications Tools

by Mintz Levin - Mintz Edge on

The combination of emerging technologies, information security risks and electronic discovery obligations continues to give rise to questions regarding best practices for adoption of modern ephemeral communication tools in...more

FTC Schools “Smart” Toys with Updated COPPA Compliance Guidance

by Hogan Lovells on

The Federal Trade Commission (“FTC”) released an updated guidance document for complying with the Children’s Online Privacy Protection Act (“COPPA”). The revised guidance, released on June 21, 2017, explicitly identifies...more

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

by Hogan Lovells on

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more

FTC Approves Modifications to TRUSTe’s COPPA Safe Harbor Program

The Federal Trade Commission (FTC) approved TRUSTe’s proposed modifications to their Children’s Online Privacy Protection Act (COPPA) safe harbor program this week....more

Privacy Tip #99 – If you are an IoT Fanatic, this App is for You

Last January, the Federal Trade Commission (FTC) launched the IoT Home Inspector Challenge, a contest that requested participants to come up with a tool that would identify security issues that are caused by out-of-date...more

Privacy Perils: What's in Your Container?

by Bass, Berry & Sims PLC on

The use of "containers" in web application development is growing, but not without potentially increasing threats to the security of the data we store in our apps and devices. Containers are stand-alone packages of software...more

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

by Hogan Lovells on

Businesses may often use peer-to-peer ("P2P") telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

VTech Escapes Class Action Case Over Breach of 11 Million Toy Users’ Information

In November 2015, VTech Electonics North America LLC (VTech) announced that an unauthorized party infiltrated its network and gained access to the personal information of 5 million adults and 6.5 million children through its...more

AGs Weave Themselves Into Patchwork of Digital-Health Regs

by Pepper Hamilton LLP on

There are more than 165,000 mobile health applications available for download in Apple’s App Store or Google Play. This number will likely keep rising, and a body of federal and state regulators, including state attorneys...more

Your Apps May Be Selling You Out

by Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

The Future of Mall Maps: “You are Here” and a Lot More

by Robins Kaplan LLP on

Retailers have relied on static mall maps for decades to convey store location, including the familiar “you are here” mall maps. Today, shopping centers are overhauling mall signage in favor of interactive digital signs that...more

TTB Guidelines for Advertising Alcoholic Beverages on Social Media

Social media has become one of the most powerful marketing tools for businesses, including alcoholic beverage industry members (e.g., brewers, distillers, wholesalers). In light of the prominence of social media advertising,...more

India – Antitrust Law Update

by Miles & Stockbridge P.C. on

In 2009, the Indian government implemented provisions under the Competition Act of 2002 for prohibition of anti-competitive agreements and abuse of dominant positions in India. More recently, antitrust litigation has...more

TCPA Connect - June 2017 #2

Revocation? Think Again. - On Thursday, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

FTC Updates COPPA Guidance

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) released an updated version of its guidance on complying with the Children’s Online Privacy Protection Act (“COPPA”) on June 21, 2017. Companies that collect personal information from...more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

ALERT – FTC Issues Updated Guidance for Compliance with COPPA

by Sedgwick LLP on

On June 21, 2017, the Federal Trade Commission (FTC) updated its guidance for compliance with the Children’s Online Privacy Protection Act (COPPA). COPPA regulates websites and other online services in connection with...more

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