News & Analysis as of

Motion to Dismiss Websites

Goodwin

Internet Privacy Litigation Continues to Create Uncertainty for Websites Using Third-Party Technology while Expanding to More...

Goodwin on

The Authors previously published the below client alert on June 8, 2023, analyzing privacy litigation under the California Invasion of Privacy Act (CIPA) and other wiretap statutes in Pennsylvania and Maryland. We provide...more

Davis Wright Tremaine LLP

Federal Court Dismisses Newsletter Subscriber’s VPPA Claim: Not a "Consumer"

Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2023

Husch Blackwell LLP on

Keypoint: In July 2023, plaintiffs have been busy opposing motions to dismiss in chat wiretapping, session replay, and VPPA cases while testing claims against a new technology....more

Perkins Coie

Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation

Perkins Coie on

After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more

Proskauer - New Media & Technology

Data Scraper’s Declaratory Action Seeking Green Light to Scrape LinkedIn Survives Motion to Dismiss

On November 15, 2022, a California district court declined to dismiss a declaratory judgment action brought by a data scraper, 3taps, Inc. (“3taps”), against LinkedIn Corp. (“LinkedIn”). (3taps, Inc. v. LinkedIn Corp., No....more

Ervin Cohen & Jessup LLP

Personal Jurisdiction in the Digital Age

Ervin Cohen & Jessup LLP on

The concept of “presence” for jurisdictional purposes has evolved with the widespread use of websites, social media and other digital platforms. A company or individual may have no physical presence in a forum, but may...more

Dorsey & Whitney LLP

Influenced by Social Media Marketing, the Ninth Circuit finds Personal Jurisdiction over Foreign Defendant under Federal Rule...

Dorsey & Whitney LLP on

In a recent decision, the Ninth Circuit Court of Appeals found that an Australian cosmetic company is subject to the personal jurisdiction of a federal district court in California despite having no traditional “minimum...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

White and Williams LLP

Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific...

White and Williams LLP on

In Allied Ins. Co. of Am. v. Jpauljones L.P. & Tek Elec. Co., 1:19-CV-00237-SNLJ, 2020 U.S. Dist LEXIS 179225, the United States District Court for the Eastern District of Missouri considered whether defendant Jpauljones,...more

Troutman Pepper

New ADA Lawsuits Challenging Gift Card Issuers Inundate New York Federal Dockets

Troutman Pepper on

Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

Carlton Fields

Cracks in the Armor?

Carlton Fields on

The Communications Decency Act has long shielded internet service providers from liability when they re-post fake news or fraudulent information from another provider. The federal statute says no interactive computer service...more

Troutman Pepper

In ADA Website Accessibility Cases, Remediation May Be a Successful Defense

Troutman Pepper on

Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately...more

BCLP

Website Accessibility Alert: Court Addresses Mootness Argument in Website Accessibility Case

BCLP on

As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country...more

Verrill

The Year in Lawsuits

Verrill on

2018 brought us the type of lawsuits you would expect in the world of sweepstakes, contests and giveaways. From “The Annoyance Lawyer” to Bobbleheads to “You’re Probably Never Going to Be A Winner.” The most depressing thing...more

Holland & Knight LLP

Craft Brewer Failed Attempt to Use Trade Secret Laws to Close the Door on Glassdoor Reviews

Holland & Knight LLP on

The public's increasing reliance on anonymous product and company reviews posted online often gives rise to complaints by the subjects of those reviews, especially when the reviews are negative or critical, and threaten to...more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

Butler Snow LLP on

On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

Seyfarth Shaw LLP

Robles v. Dominos: Engaged Ninth Circuit Hears Web Access Appeal

Seyfarth Shaw LLP on

On October 12, in sunny Pasadena, California, the Ninth Circuit Court of Appeals heard oral arguments in the Robles v. Dominos case. ...more

Akin Gump Strauss Hauer & Feld LLP

Developments in Cryptocurrency in 2018

• The U.S. Securities and Exchange Commission (SEC) staff made official statements regarding when a token may or may no longer be a security • The SEC continued to bring actions related to cryptocurrency offerings against...more

Seyfarth Shaw LLP

Defendants Fighting Website Accessibility Cases Face An Uphill Battle In 2018

Seyfarth Shaw LLP on

Seyfarth Synopsis: Plaintiffs secure a second judgment in a federal website accessibility lawsuit while most of the others successfully fended off motions to dismiss. ...more

Foster Garvey PC

OTA & Travel Distribution Update - CMA initiates enforcement action against booking sites; Hoteliers seek dismissal of anti-trust...

Foster Garvey PC on

This week’s Update features a number of “legal” updates to stories we have been following for some time. Enjoy....more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

Dorsey & Whitney LLP on

This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Orrick - Trade Secrets Group

Constitutional Challenge To CFAA Survives Motion To Dismiss As D.C. Court Weighs In On Circuit Split

On March 30, 2018, in Sandvig v. Sessions, the U.S. District Court for the District of Columbia allowed one of several constitutional challenges to the Computer Fraud and Abuse Act to survive a motion to dismiss. ...more

Jaburg Wilk

'Zeran v. AOL': The Anti-Circumvention Tool

Jaburg Wilk on

If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no...more

Seyfarth Shaw LLP

Telephone Access Might Be Valid Alternative to Accessible Website, But Court Needs More

Seyfarth Shaw LLP on

Seyfarth Synopsis: In denying Dave & Buster’s motion to dismiss and for summary judgment, a federal judge said that telephonic access might be an alternative to having an accessible website, but cannot decide until the...more

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