Navigating the Regulation Jungle: How to Be Compliant, Work Efficiently, and Stay Sane
The ‘Long Arm’ of CIPA and Its Newfound Pen-Trap Claims
Privacy Litigation Trends: Meta Pixels, Cookie Opt-Out, and Sale of Data
Fashion Counsel: Privacy in the Retail Fashion Industry
Healthcare Privacy Walkthroughs
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
NGE On Demand: Privacy Considerations for Remote Work Productivity Monitoring with David Wheeler
I Wish I Knew What I Know Now: Conversations with AGG on FDA Issues - Data Privacy Issues Life Sciences Companies May Encounter
Education Data Privacy and Security Laws: Best Practices for School Districts
Compliance Perspectives: Permissible Disclosures under HIPAA, Especially in the Time of COVID-19
E14: The Three Pillars of GDPR
E13: GDPR Wedding Day & Beyond
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
IP|Trend: It’s Time to Get to Know the Federal Trade Commission
IP|Trend: Keeping Your Start-Up Compliant
Yul Kwon, Head of @Facebook's Privacy Program & CBS 'Survivor' Winner, Opens Up On @HsuUntied
An Overview of the 2014 Class Action Survey
Can a website copy terms of use or a privacy policy from a similar website?
California Ballot Initiative Aims to Make Consumer Data Private by Default
Have you ever considered the number of legal challenges that come with running a business in the digital era? Forbes predicts that the global e-commerce will surpass $6 trillion in 2024, meaning that there is no shortage of...more
In a prior article Training AI Models – Just Because It’s “Your” Data Doesn’t Mean You Can Use It, we addressed how many companies are sitting on a trove of customer data and are realizing that this data can be valuable to...more
With recent events underscoring the Federal Trade Commission’s (FTC) heightened scrutiny of and enforcement efforts against health app companies collecting or using consumer health information, it's imperative for these same...more
The sale of stolen, counterfeit or dangerous consumer products through online marketplaces is receiving attention from legislators. The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act...more
The Children’s Advertising Review Unit recently found that Tilting Point Media violated COPPA and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy. Tilting Point is the operator of the...more
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more
As discussed in our sister blog, CARU’s revised Ad Guidelines go into effect on January 1, 2022. While the core principles of the guidelines have not changed, they now include new content to account for today’s advertising...more
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more
It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting...more
On October 6, the Children’s Advertising Review Unit (CARU) announced its finding that Discord, a social media platform that provides text, voice and video communication services via desktop, browser and mobile applications,...more
Nesting hyperlinks is neat and organized, but based on recent court rulings, you might not be forming a contract. Recent inconsistent court rulings on the issue highlight the need for re-examining use of hyperlinks in...more
Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more
Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more
On 21 January 2019, the French Data Protection Authority (the “French DPA”) fined Google LLC 50 million euros for breach of the GDPR. As we reported on this blog, just after GDPR became applicable, noyb.eu (None of Your...more
Courts are increasingly taking a magnifying glass to electronic contracting processes, particularly how the presentation of the terms of service and call to action are displayed. As such, companies might take a second look at...more
Are your online Terms of Service enforceable? Businesses should review their account registration process in light of a recent court decision. In Meyer v. Uber Technologies, Inc., the U.S. Court of Appeals for the Second...more
The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more
In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more
The Second Circuit issued a decision of interest to every company that utilizes a mobile app to interact with its customers. In Meyer v. Kalanick, the court enforced the mandatory arbitration provision in the Uber app. The...more
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
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
So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more
Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more
Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more
Perhaps overshadowed in the raging battle over the Consumer Financial Protection Bureau's proposal to ban the use of class action waivers in consumer arbitration agreements involving consumer financial products or services is...more