News & Analysis as of

California Third-Party

Jenner & Block

Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

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In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants...more

Husch Blackwell LLP

CPPA Publishes Proposed Revisions to CCPA Regulations

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Keypoint: The Agency proposed more revisions to the CCPA regulations for consideration at the December 8 board meeting. On December 1, 2023, the California Privacy Protection Agency (Agency) published proposed revisions to...more

Husch Blackwell LLP

California Cannabis ABCs

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California’s cannabis industry continues to struggle in this seemingly unending shake out period. Namely, hundreds of licensed cannabis companies are getting stiffed on A/R with an overwhelming inability to collect as those...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Finds That an Employer’s Third Party Agents May Be Held Directly Liable for Violations of California’s...

On August 21, 2023, the California Supreme Court held in Raines v. U.S. Healthworks Medical Group that a business entity acting as an employer’s agent can be held directly liable under California’s Fair Employment and Housing...more

Ballard Spahr LLP

California’s Proposed “Delete Act” Would Create a ‘Do Not Sell’ List for Data Brokers

Ballard Spahr LLP on

California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more

Nelson Mullins Riley & Scarborough LLP

Some Post-COVID Clarity: Important California Updates on Third-Party Liability, Outbreak Definitions, and Employer Vaccine...

Despite all attempts to put the COVID-19 public health emergency in the rearview mirror, the virus is not entirely gone, and the pandemic was not long ago, at least in the law’s long memory. We can reasonably assume we are...more

Reveal

CCPA Compliance Checklist [Ultimate 2023 Edition]

Reveal on

“We hope today’s settlement sends a strong message to businesses that are still failing to comply with California’s consumer privacy law. My office is watching, and we will hold you accountable.” These were the words of...more

McDermott Will & Emery

California Supreme Court Lets It Stand That CDTFA Can Decide Who Is and Is Not a Retailer

McDermott Will & Emery on

On April 26, 2023, the Supreme Court of California declined to review the Second District Court of Appeal’s decision in Grosz v. California Dep’t of Tax & Fee Admin. In the underlying case, Stanley Grosz, a business owner...more

Husch Blackwell LLP

Privacy Litigation Update: California courts strike back against claims that website chat functionality violates wiretapping...

Husch Blackwell LLP on

Keypoint: In the wake of a recent California decision that allowed claims alleging use of chat functionality on website violated California wiretapping laws, three California district courts have dismissed nearly identical...more

Faegre Drinker Biddle & Reath LLP

Updated Guidance Released for SB 1162 – California’s New 2023 Pay Data Reporting Requirement for Workers Provided by Third Parties

The California Civil Rights Department (CRD) released amended FAQs providing guidance on compliance with the new pay data reporting requirements. PDR FAQs – 2022 Reporting Year | CRD (ca.gov) As previously reported here and...more

Sheppard Mullin Richter & Hampton LLP

Online Marketplaces: It’s Time Track, Verify and Disclose Seller Info

A new set of California laws will require online marketplaces to gather verifiable identifying information about high volume third party sellers, or else boot them off the platform. The laws, which seek to combat the resale...more

Allen Matkins

Should Contracts Abjure Any Unstated Motivating Purposes?

Allen Matkins on

The City of Oakland was not happy with the decision of the Oakland Raiders football team to move to Las Vegas, Nevada and it was filed a lawsuit alleging that it was a third party beneficiary of the league's relocation...more

Balch & Bingham LLP

California Attorney General Announces First CCPA Enforcement Action Focused on “Sales” of Personal Information

Balch & Bingham LLP on

On August 24, 2022, California Attorney General Rob Bonta (“AG”) announced a settlement with Sephora, Inc., resolving allegations that the company violated the California Consumer Privacy Act (“CCPA”). ...more

Faegre Drinker Biddle & Reath LLP

District of New Jersey Finds Amazon to be “Seller” of Hoverboard under NJ Product Liability Act

The District of New Jersey has held that Amazon may be sued under New Jersey law for defective products sold by third-party sellers through its online marketplace. The dispute in New Jersey Manufacturers Insurance Group...more

Jackson Lewis P.C.

California Draft Bill Doubles Down on Pay Transparency

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On February 17, the California Senate introduced SB 1162, which—if passed—could give California the most aggressive pay transparency laws in the nation. Again. The draft California law enhances two common state law pay...more

Wiley Rein LLP

Steps to Take in 2022 To Prepare for New State Privacy Laws

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Privacy In Focus®- The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more

Constangy, Brooks, Smith & Prophete, LLP

Arbitration Compelled, Despite Ambiguous Agreement

And in California, yet! Finally, some good news for employers on the arbitration front. In a recent decision, a California appeals court decision sent a case to binding arbitration, despite clear ambiguities in the...more

Jackson Lewis P.C.

California Court Of Appeal Ruling Could Severely Restrict Employment Background Checks

Jackson Lewis P.C. on

California employers should review their employment background check procedures in light of recent developments. The California Court of Appeal recently ruled in All of Us or None of Us v. Hamrick that an individual’s date of...more

Moritt Hock & Hamroff LLP

California AG Approves Additional Regulations Under The CCPA

On March 15, 2021, the California Attorney General announced the approval of additional regulations to the California Consumer Privacy Act of 2018 (the "CCPA"). The CCPA grants California consumers the right to know, the...more

Constangy, Brooks, Smith & Prophete, LLP

Californians Take Another Step Toward European-Style Privacy Protection With The CPRA

On November 3, California voters passed the California Privacy Rights Act, a ballot initiative that substantially amplifies data privacy oversight for qualifying enterprises doing business in California. Although it builds...more

ArentFox Schiff

Recent Litigation and Proposed Legislation Reexamine Product Liability for Online Marketplaces

ArentFox Schiff on

As online shopping picked up during the COVID-19 pandemic due to brick-and-mortar closures, so too have questions about liability for online marketplaces. Traditionally, online marketplaces—e-commerce platforms that offer...more

White and Williams LLP

California Appellate Court Rules Amazon Can Be Strictly Liable for Defective Product

The California Court of Appeals recently ruled that Amazon.com, Inc. (Amazon) can be held strictly liable for injuries caused by a defective product sold by a third-party vender on its website. Bolger v. Amazon, D075738, 2020...more

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