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Husch Blackwell LLP

Privacy Litigation Alert: Two California decisions weigh in on pen registry and “tap and trace” tech claims – but reach different...

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Keypoint: Two California state court decisions have addressed motions to dismiss claims under the novel “pen registry” and “tap and trace” theories, but reached different outcomes after finding different policy considerations...more

Venable LLP

Website Accessibility: An Excerpt from the Advertising Law Tool Kit

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Title III of the Americans with Disabilities Act prohibits discrimination based on disability by “public accommodations.” The explosion of online commerce has forced the question: Does Title III apply to websites?...more

Jones Day

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

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In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Jackson Lewis P.C.

California Invasion of Privacy Act Violations Aimed at Online Retailers

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California Invasion of Privacy Act (CIPA) has become a focal point in recent legal battles, particularly within the retail industry. As retailers increasingly adopt technologies like session replay and chatbots to enhance...more

Awatif Mohammad Shoqi Advocates & Legal...

The E-Commerce Law in the UAE: Navigating the Regulatory Landscape

The UAE has embraced the digital era with the enactment of Federal Decree-Law No. 14/2023 on Trading by Modern Technological Means. This innovative law aims to regulate and reorganize e-commerce activities, fostering a...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Another California Appellate Court Holds That ADA Does Not Apply to a Virtual Business’s Website

On September 13, 2023, the Court of Appeal of the State of California, Fourth Appellate District, covering Orange County and San Diego County and the southernmost areas of California, held that the Americans with Disabilities...more

Kohrman Jackson & Krantz LLP

Amazon Prime’s Ongoing Battle Against Fake Reviews

E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more

Latham & Watkins LLP

Connecticut Passes Significant Amendments to the Connecticut Data Privacy Act

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Covered companies will need to take additional steps to comply with the law in light of the new obligations relating to consumer health data and minors under 18 years old. On June 6, 2023, the Connecticut legislature...more

Blank Rome LLP

Slightest Presence Nexus Attack Fails in Massachusetts for Pre-Wayfair Years

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A Massachusetts tax auditor once said to me with pride, “They don’t call us ‘Taxachusetts’ for nothing!” when I explained that the Department’s position was unsupported. Recently, Massachusetts was reminded that its...more

Saul Ewing LLP

California Appeals Court Holds Online-Only Businesses Are Not Subject to ADA - Further Divides Courts Regarding Website...

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By now, business owners and their counsel have become increasingly aware of the high volume of lawsuits filed across the country alleging that commercial websites violate Title III of the Americans with Disabilities Act...more

K&L Gates LLP

California Court Curbs Website Accessibility Claims Against Online-Only Businesses

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Title III of the Americans with Disabilities Act (ADA) prohibits private entities from discriminating against disabled individuals. Specifically, it prohibits a “place of public accommodation” from discriminating “on the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Rules That Purely Digital Retail Businesses Are Not Covered Under the Unruh Civil Rights Act

​​​​​​​On August 1, 2022, the Court of Appeal of the State of California, in Martinez v. Cot’n Wash, Inc., resolved two outstanding issues in the website accessibility field in a way that limits the reach of the Unruh Civil...more

Bass, Berry & Sims PLC

Privacy Peril:Chatty Cathy

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We are all increasingly familiar with, and probably increasingly frustrated by, the use of chatbots to attempt to solve some problem we are having with a company, often delivery of a purchased item. The “virtual agent” (not...more

McAfee & Taft

DOJ issues web accessibility guidance, but falls short of setting specific standards

McAfee & Taft on

For several years, plaintiffs’ law firms have been hammering businesses with website accessibility lawsuits, arguing that all places of public accommodation, including online retailers and hospitality businesses, must have...more

Jackson Lewis P.C.

Justice Department Breaks its Silence Regarding Website Accessibility

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The Department of Justice (“DOJ”) issued Guidance on Web Accessibility and the ADA (the “Guidance”) regarding website accessibility under Title III of the Americans with Disabilities Act (“Title III”). The Guidance explains...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #308 – Keep the Holiday Shopping Season Cyber Safe

As we enter the holiday shopping season, cyber criminals are sharpening their cyber-scam strategies. We like to remind our readers about the enhanced risk during the holidays. There has been an increase in online shopping...more

Lowndes

How to Protect Yourself When Shopping Online

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According to Numerator, a data and tech company serving the market research space, more than half of US consumers will shop online between Thanksgiving Thursday and Cyber Monday....more

Morgan Lewis - Tech & Sourcing

Kristin Hadgis – Ecommerce and Online Contracting

Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan...more

Kelley Drye & Warren LLP

California OEHHA Explains Decision to Rescind Proposed “Clarifications” to Prop 65 Rules for Internet Sales; Finalizes Changes to...

The California Office of Environmental Health Hazard Assessment (OEHHA) yesterday released its explanation for withdrawing proposed “clarifications” to the Proposition 65 regulations governing internet sales. Last January,...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #261 – Online Shopping Tips for the Holidays

I have done more online shopping this year than ever before, and I know that I am not alone. With the holidays approaching, this will only increase because of the pandemic, and hackers and fraudsters know it....more

Ward and Smith, P.A.

Web-Based Businesses and Other "Remote Sellers" Beware – A Morass of Sales Tax Obligations Are Upon You

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Sales Tax Obligations — Businesses with a Physical Presence in a State - It should come as no surprise that almost all states require businesses with a physical presence in a state and that sell goods or services in the...more

Wilson Sonsini Goodrich & Rosati

Thoughtful Presentation of Online Terms of Use Agreements with Arbitration Provisions Crucial to Avoid Litigation

Some district courts express skepticism over arbitration provisions in consumer online terms of use agreements. In March 2020, one such court denied a motion to compel arbitration, finding that the online terms of use at...more

Manatt, Phelps & Phillips, LLP

Breaking Down the Opportunities and Risks of Virtual Storefronts

The COVID-19 global pandemic has accelerated the digital transformation of the retail industry as shoppers shift more of their spending online. Global online purchase volume increased 31% from June 2019 to June 2020, with...more

Butler Snow LLP

A Link in the Chain? Developments Regarding E-Commerce Website Liability for Defective Products Sold by Third-Party Vendors

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More than 100 years ago, the New York Court of Appeals issued its now-infamous opinion in MacPherson v. Buick Motor Co., which ushered American courts into a new age of personal injury jurisprudence. Writing for the majority,...more

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