The FTC won’t let them be! No, not Eminem, online service providers. Right on the heels of fining Epic Games and Amazon, for violations of the Children’s Online Privacy Protection Act (COPPA), the FTC set its eyes on...more
On June 5th, the Federal Trade Commission (FTC) announced a settlement with Microsoft over alleged violations of the Children’s Online Privacy Protection Act (COPPA) for its data practices involving its Xbox live product. ...more
Blaming a "data retention glitch," Microsoft has agreed to pay the Federal Trade Commission $20 million to settle allegations that the company's Xbox gaming system has illegally collected personal information from children...more
In April, we reported on the oral argument in Microsoft Corp. v. Baker, a Supreme Court case addressing whether putative class members may obtain appellate review of orders denying class certification by voluntarily...more
In 2015, the U.S. Tax Court issued its ruling in the case of David W. Laudon v. Commissioner, TC Summary Option 2015-54 (2015). The case may not raise or even resolve any novel tax issues, but it reminds us of what is...more
On June 12th, the Supreme Court issued its unsurprising decision in Microsoft Corp. v. Baker, addressing a relatively recent twist concerning the appealability of orders denying class certification. The case resulted in...more
This year’s Supreme Court term may be more memorable for the intrigue and political drama taking place outside the Court than the import of the decisions the Court issued. On April 10, 2017, Judge Neil Gorsuch of the Tenth...more
The reality of class action litigation is that what is supposed to be the court’s preliminary decision of whether to certify a case as a class action is often the end of the litigation. In many cases, plaintiffs will not...more
The Supreme Court recently decided a case involving an Xbox 360, although the issue before them had nothing in particular to do with the video game system itself. It got me wondering, however, how many justices would you...more
Takeaway: The United States Supreme Court has rejected a tactic used by the plaintiffs’ bar to obtain appellate court review of an order denying class certification despite a settlement of the named plaintiffs’ claims....more
Facts - On June 12, 2017, in Microsoft Corporation v. Baker, the U.S. Supreme Court unanimously held that federal courts of appeals lack jurisdiction to review orders striking class allegations after the named plaintiffs...more
The U.S. Supreme Court issued a unanimous 8-0 opinion in Microsoft Corp. v. Baker, reversing the U.S. Court of Appeals for the Ninth Circuit and holding that federal courts lack jurisdiction under 28 U.S.C. § 1291 to hear the...more
The Supreme Court unanimously held today that plaintiffs cannot immediately appeal a federal court’s denial of class certification when the named plaintiffs voluntarily dismiss their claims following the denial of class...more
Recently, the United States Supreme Court heard argument in Microsoft Corp. v. Baker, a case that may significantly impact class-action defense and appellate jurisdiction. Plaintiff classes frequently want to immediately...more
If you are like many other Americans, then you may have “cut your Cable TV cord” and turned to streaming movies and shows through your accounts with Netflix, Amazon Prime, Hulu, HBO GO, SlingTV, or other video streaming tech...more
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more
Government investigations and white collar litigation matters often lead to class action lawsuits by plaintiffs. The Subject to Inquiry Blog takes this opportunity to highlight the potential effects the death of the late...more
While the sudden death of Supreme Court Justice Antonin Scalia creates an immediate vacancy on the bench, it also likely will leave the high court’s docket in limbo on number of key consumer class actions awaiting the Court’s...more
Last Week, the Supreme Court granted certiorari in the Microsoft Xbox case to decide whether federal courts of appeals have jurisdiction to review orders denying class certification after named plaintiffs voluntarily dismiss...more
In January 2014, AdAge interviewed me about news reports that Machinima had hired influencers to create videos promoting Microsoft’s Xbox One gaming console and games. In a native advertising campaign, the influencers posted...more
California based Machinima, an online entertainment network that promoted Xbox One, has settled an investigation with the FTC surrounding its advertising practices. The FTC alleged that Machinima paid “influencers” to post...more
July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more
We recently reported on a Ninth Circuit Court of Appeals opinion reversing a district court’s decision to strike class action allegations in a putative class action against Microsoft. Baker v. Microsoft Corp., No. 12-35946,...more
The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect...more