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The internet, characterized by its borderless nature, has introduced significant challenges to the traditional concepts of personal jurisdiction in federal courts. This issue was recently highlighted in the First Circuit...more
For the past two years, hundreds of class action lawsuits alleging violations of the California Invasion of Privacy Act (CIPA) have plagued California retailers and consumer-facing service providers. These lawsuits claim,...more
Welcome to the third edition of our AI Legal News Summer Roundup! After five class actions were filed between June 28 and July 11 (as reported on in our first edition of this series), on July 21, another class action lawsuit...more
The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more
Class actions have long been difficult to certify in fraud cases. But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm. That decision is now on...more
It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more
his week sees a key hearing before the UK Supreme Court in the case of Lloyd v Google, an event long awaited by those familiar with data protection law proceedings in Europe. The case concerns the so-called “safari...more
More than 15 years after the adoption of the Data Protection Directive, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online...more
The internet continues to expand into every aspect of our lives. With it, many companies have collected, tracked, and used an enormous amount of data. All of this has given rise to class action lawsuits challenging the...more
With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more
On November 2, the FCC released its Report and Order adopting new privacy rules for telecommunications carriers after a 3-2 vote. After the reclassification of broadband internet access service as a telecommunications...more
This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more
Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more
In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more
Earlier this month in an unpublished opinion, the Fourth Circuit Court of Appeals found that Travelers Indemnity Company of America (“Travelers”) had a duty to defend its insured against a data breach suit under the terms of...more
On April 11, 2016, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling by Judge Gerald Bruce Lee of the U.S. District Court for the Eastern District of Virginia that Travelers Indemnity Company of America...more
On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more
With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more
Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare...more
Commercial General Liability policies have, for several decades, included advertising and personal injury coverage. Such coverage is afforded for injury caused by various enumerated offenses, including breach of privacy....more
Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed...more
Internet commenters and legal analysts alike are buzzing about the Ashley Madison hack. The website -- which billed itself as a networking site for anyone who wanted to discretely arrange an extramarital affair -- has already...more
Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief. As you may recall, the question before the Court has the...more
Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more
FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more