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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

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

Husch Blackwell LLP

Texas Attorney General Announces First CUBI Settlement

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Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...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: January 2024

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Keypoint: Courts resolved six motions to dismiss wiretapping claims based on session replay technology in January, while two VPPA decisions highlight balance struck by courts. A new privacy litigation theory based on “pen...more

Mintz - Employment Viewpoints

2023 New York Employment Law Roundup

Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - August 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Pillsbury Winthrop Shaw Pittman LLP

One to Watch: Has the Ninth Circuit Turned on Section 230?

Ninth Circuit precedent protects information service providers from liability arising from user-generated content, including when classifying user characteristics as part of platform design or providing neutral tools that...more

McDermott Will & Emery

EU Top Court Sheds Light on Untested Crossroads Between Competition and Privacy Law

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On July 4, 2023, the Court of Justice of the European Union (CJEU) issued a ruling in the case involving Meta Platforms Inc., Meta Platforms Ireland, and Facebook Deutschland (Meta). The judgement explores the intersection of...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - June 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Wilson Sonsini Goodrich & Rosati

Round Three: FTC Proposes Further Restrictions on Meta's Privacy Practices and a Complete Prohibition on Meta Monetizing Youth...

On May 3, 2023, the Federal Trade Commission (FTC) announced that it issued an order to show cause (the “show cause order”) to Meta Platforms, Inc. (formerly Facebook, Inc., “Meta”). The show cause order proposes major...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup - April 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Husch Blackwell LLP

Privacy Litigation Update: SDNY Dismisses Video Privacy Protection Act Claim

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Keypoint: The Southern District of New York dismissed a VPPA claim after finding use of the Meta Pixel does not violate the VPPA when used to transmit information about a visitor’s general activity on a webpage, even where...more

Stikeman Elliott LLP

Home Depot Gets Nailed by Privacy Commissioner for Sharing Data with Meta

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Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more

Wyrick Robbins Yates & Ponton LLP

One-Two Punch: Lessons from the Irish DPC’s WhatsApp Decision

2023 continues to be a busy year for European data protection authorities. Following its release of the Irish Data Protection Commission’s (DPC’s) binding decisions in cases against Facebook and Instagram, the European Data...more

Husch Blackwell LLP

Privacy Litigation Update: Plaintiffs Assert VPPA Claims Against Fast-Food Restaurant

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Keypoint: Plaintiffs’ attorneys continue to expand lawsuits relating to website tracking technologies. Chick-fil-A once again found itself in the spotlight last week when it was named as a defendant in a lawsuit filed in...more

Faegre Drinker Biddle & Reath LLP

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

Fenwick & West LLP

With Microsoft Complaint, Lina Khan’s FTC Takes on Another Big Tech Gaming Deal

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On December 8, 2022, the same day that the Federal Trade Commission (FTC) delivered its opening arguments to a federal judge in California in the FTC’s bid to halt Meta’s acquisition of virtual reality gaming company Within,...more

Parker Poe Adams & Bernstein LLP

Does a Facebook Message Satisfy FMLA Notice Requirements?

On August 15 in Roberts v. Gestamp W. Va., LLC, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) concluded that a jury must decide whether an employee’s Facebook message to his...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

What Constitutes a Misleading Statement in a Company’s Response to a Data Breach?

Takeaway: To ensure investor safety and emphasize a commitment to user privacy, corporate executives and similarly-situated high ranking officers must not provide any statements or omissions that affirmatively create a...more

WilmerHale

The French Data Protection Authority Joins the Austrian Data Protection Authority in Ruling that the Use of Google Analytics...

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French regulators have held that the use of Google Analytics violates the GDPR, a decision that likely has broad implications for web analytics companies and website operators. On February 10, 2022, the French Data...more

Wilson Sonsini Goodrich & Rosati

FTC Defeats Facebook Motion to Dismiss Amended Complaint

The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more

Troutman Pepper

Post-Facebook v. Duguid: Lower Courts Speak (UPDATED)

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The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA)...more

Troutman Pepper

4 Ways Courts Are Approaching High Court’s TCPA Ruling

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The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s definition of automatic telephone...more

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