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Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

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On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

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Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Fox Rothschild LLP

Breaching Social Media Platforms’ Section 230 Shield

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Last month, the Ninth Circuit reeled back protections for digital media platforms on which scam ads are found. Calise v. Meta Platforms, Inc., 103 F.4th 732 (9th Cir. 2024) Section 230(c)(1) of the Communications Decency Act...more

Morrison & Foerster LLP

Supreme Court to Address Whether Risk Disclosures Can Be False or Misleading

On June 10, 2024, the United States Supreme Court agreed to hear argument in Facebook, Inc. v. Amalgamated Bank, No. 23-980, to address whether risk disclosures can be false or misleading if they do not describe a risk that...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: April 2024

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Keypoint: The Central District of California issues a major victory for website owners facing CIPA-arbitration demands, two decisions address whether a plaintiff consented as a defense to wiretapping claims, three courts in...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: March 2024

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Keypoint: Multiple decisions from the same judicial district come down differently on wiretapping claims while three courts in different states each reject VPPA-defendants’ arguments that the plaintiffs lacked Article III...more

Lowenstein Sandler LLP

Meta v. Bright Data Ruling Has Important Implications for Webscraping Activities by Investment Advisers

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On January 23, 2024, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled in META PLATFORMS, INC. v. BRIGHT DATA LTD. (Meta v. Bright Data), granting Bright Data’s motion for...more

Davies Ward Phillips & Vineberg LLP

First OPC Ruling for 2023 Will Impact Third-Party Processor Contracts

The Office of the Privacy Commissioner of Canada (OPC) recently released findings stemming from a customer complaint that Home Depot of Canada (Home Depot) had violated the Personal Information Protection and Electronic...more

Fox Rothschild LLP

Move over BIPA. CUBI is here.

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Texas Attorney General Ken Paxton has filed a claim against Meta, Facebook’s parent company, under his state’s Capture or Use of Biometric Identifier Act (CUBI) in connection with the company’s facial recognition practices....more

Morrison & Foerster LLP - Social Media

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

K&L Gates LLP

Social Media Users and Operators Beware! High Court Confirms that Facebook Page Operators are 'Publishers' of Third Party Comments

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The majority of the High Court of Australia has dismissed the appeal of three media organisations from the decision of the New South Wales Court of Appeal and affirmed they were 'publishers' of comments left by third party...more

Jones Day

Australia's High Court Confirms Facebook Page "Owner" Responsible For Defamatory Comments by Third Parties

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Background  - Fairfax Media Publications Pty Ltd, Nationwide News Pty Ltd and Australian News Channel Pty Ltd all maintain public Facebook pages allowing comments from members of the public. Dylan Voller commenced...more

Bass, Berry & Sims PLC

Privacy Peril: ConTextual

In our previous Privacy Peril tip, we noted how thieves are now spoofing law firms (and other businesses) through use of informal messaging apps. These fiends play off the perception of law firm integrity to overcome the...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Spirit Legal

The end of dark patterns in “cookie walls”: German court bans deceptive designs

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Website operators are not permitted to use cookies and similar tracking technologies for analysis and marketing purposes without the informed consent of users, if this involves sharing personal data with third parties and...more

Spirit Legal

CJEU: Website operators are "jointly responsible" for embedding social media or 3rd party code

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Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Provides Seven-Factor Test for Motions to Quash Criminal Subpoenas

On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants...more

Bradley Arant Boult Cummings LLP

CCPA and AdTech: Mark Your Calendar for July 31st

A little more than six months ago, we addressed the challenges businesses faced in complying with CCPA when it came to their use of third-party adtech such as pixels, beacons and trackers. In line with the evolving nature of...more

Sunstein LLP

FTC Unfriends Facebook But Wants to Stay in Touch

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The Federal Trade Commission announced its settlement with Facebook on the same day that Robert Mueller testified before the House Judiciary Committee. While this may have been calculated to take Facebook off the front page,...more

BCLP

Avoiding the California Privacy and Security Litigation Tsunami: CCPA FAQ: Can a company be sued under the CCPA for using...

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Many companies, such as online retailers and social media websites, participate in “behavioral advertising.” To participate in the network, the company places code on its website that permits a third party (the behavioral...more

Dechert LLP

Third-Party Data Collection and Consent in Mobile Applications

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Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #151 – Can Banks Give or Sell My Information to Facebook or Other Social Media Platforms?

Many of our readers questioned me after the Wall Street Journal article this week entitled: “Facebook to Banks: Give Us Your Data, We’ll Give you Our Users.” The questions ranged from “Can they really do this?” to “This is...more

Association of Certified E-Discovery...

Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more

Hogan Lovells

Hogan Lovells Global Payments Newsletter - January 2017

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Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as...more

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