New Developments in the World of Section 230
June 2020 Monthly Minute | Effectively Protecting Your Data
Jones Day Presents: What is Smart Code and How Does it Relate to Smart Contracts?
PATIENT PRIVACY IN AN ERA OF SOCIAL MEDIA
Are website terms of use enforceable?
Can a website copy terms of use or a privacy policy from a similar website?
In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park. The doctor, who suffered from severe nut and dairy...more
Join Womble Bond Dickinson’s Privacy Team and the American Arbitration Association for this timely and informative presentation on the ever-evolving landscape of consumer and mass arbitration. This insightful presentation...more
Does your company have website terms of use, or e-commerce terms? If so, it’s important to know whether those terms are enforceable....more
On August 8, 2024, the U.S. District Court for the Eastern District of Virginia in Lovinfosse v. Lowe’s Home Centers, LLP addressed the enforceability of an arbitration clause in Lowe’s terms of service, serving as a reminder...more
The widespread and debilitating impacts of the recent faulty Crowdstrike® software update has caused businesses to evaluate processes and examine potential claims and defenses related to the deleterious commercial impacts of...more
In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more
The Ninth Circuit Court of Appeals recently upheld a decision compelling arbitration based on an arbitration provision in website “terms of use,” even though those terms were in a hyperlink....more
The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more
Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions. A recent spate of class action lawsuits brought under California Civil Code...more
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
Join us for a discussion on the best practices for navigating the evolving landscape of dispute resolution for online businesses. We’ll dissect the latest on critical issues like user agreements and privacy disclosures, CIPA...more
Subscription services, initially marketed as a cheaper, more accessible option, have recently been experiencing a price surge. In 2023, top subscription apps like Apple Music, Amazon Music, YouTubeTV, Netflix, Peacock, HBO...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
Artificial intelligence (AI) has been a prominent topic recently, especially given the technological advances and commercial realization of generative AI systems. As AI-generated content continues to proliferate the Internet,...more
Professor Jeff Sovern, who recently joined the University of Maryland Francis King Carey School of Law faculty, has recently blogged about a forthcoming Study by academicians at other institutions that will be published in...more
It is not unusual for users of a platform or of software to challenge the enforceability of a company’s terms of use if they take issue with the company’s product or service and decide to bring suit. As most terms of use...more
Until recently, the nature of ownership of assets on deposit with a third party was not controversial. If a local bank branch goes bankrupt, the cash or other assets deposited with the bank belonged to individual...more
In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more
One of the primary concerns surrounding ChatGPT and AI is the security of the data used to train and operate these machines and the potential privacy implications if the data is mishandled or intercepted by malicious actors. ...more
Most systems do not protect sensitive information used in prompts, and users bear most of the risk of using generative AI systems and outputs. Generative AI systems use the information provided in prompts — along with...more
On May 4, the Colorado Court of Appeals held that a plaintiff had constructive notice of updated terms and conditions in her membership agreement with a defendant credit union, which included an arbitration agreement with an...more
Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future...more
The proper and legal use of medical marijuana treatment by a parent should not solely affect their custody proceeding. A parent is permitted to use marijuana in accordance with the law and pursuant to the doctor’s...more
On March 28, the U.S. District Court for the Western District of North Carolina ruled that class members must arbitrate their claims against an online lending marketplace relating to a 2022 data breach that affected current,...more
If your company posts videos on its website and uses a Facebook tracking pixel in them to transmit data to Facebook for advertising purposes, your company could find itself on the receiving end of a class action lawsuit....more