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California courts weigh in on wave of live chat class actions

Over the last 18 months, a new privacy litigation battlefront has emerged: Website operators across a range of industries find themselves inundated with class action suits or requests for arbitration based on alleged...more

Data breach response liability: Jury finds defendant not negligent for response to data breach

In a first of its kind trial, a defendant accused of negligently responding to a data breach was cleared of all liability by a jury last month. After two hours of deliberation, the jury rejected plaintiff’s claim that the...more

FTC "resurrects" Penalty Offense Authority for unlawful endorsements and testimonials

The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,...more

Data class actions in Europe - and spotlights in Mexico, Russia and the U.S.

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

GMCQ: Global Media, Technology and Communications Quarterly – Spring/Summer 2020

COVID-19 and IT service provider contracts: A checklist for force majeure events - The COVID-19 pandemic, and the various restrictions that have been implemented in response to it, are causing extraordinary business...more

Cyber Investigations and Privilege: Court Finds Forensic Report not Covered by Work Product Doctrine

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

Cyber investigations and privilege: Court finds forensic report not protected

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

COVID-19 and IT service provider contracts: A checklist for force majeure events

The COVID-19, and the various restrictions that have been implemented in response to it, are causing extraordinary business disruptions. Many organizations have had to modify their operational controls and accommodate a shift...more

Data class actions in Europe and spotlights in Mexico, Russia and the U.S.

The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more

Going global: Data class actions make their way to the EU

Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind....more

Court Trims FTC Complaint Asserting Deception and Unfairness Claims

Recently, the U.S. District Court for the Northern District of California dismissed three of six claims the Federal Trade Commission (FTC) asserted against D-Link Systems (D-Link) related to its sale of routers and IP cameras...more

8th Circuit Affirms Standing as Barrier in Data Breach Class Actions

The U.S. Court of Appeals for the Eighth Circuit has become the latest appellate court to enter the contested debate over Article III standing in data breach litigation. The Eighth Circuit held that 15 of 16 named plaintiffs...more

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