JONES DAY PRESENTS®: Trade Secret Enforcement in Spain
On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred...more
The decision provides organizational plaintiffs, including nonprofits and trade associations, with a basis to establish standing to bring UCL claims. In July 2023 the California Supreme Court expanded the ability of...more
Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more
On December 4, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court order dismissing, for lack of Article III standing, a putative class action involving allegations that the plaintiff was harmed by...more
In the latest decision addressing antitrust liability for FRAND commitments, Judge Barbara M. G. Lynn of the Northern District of Texas dismissed a complaint from Continental Automotive Systems, Inc. (“Continental”) alleging,...more
We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay...more
We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more
California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May. The trial court in...more
The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more
After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more
As we previously reported, the Ninth Circuit in March 2017 held that violation of California’s illustration statutes could serve as a predicate for an Unfair Competition Law (UCL) action, partially reversing the trial court’s...more
In California, actions predicated on alleged senior notice requirement violations and financial elder abuse continue to challenge life insurers. For example, in June, a California federal district court denied the insurer’s...more
On April 13, 2017, in Azoulai v. BMW of N. Am. LLC (Case No. 16-cv-00589), the U.S. District Court for the Northern District of California dismissed a proposed consumer fraud class action against BMW of North America LLC...more
Regulators Demand Third-Party Risk Management - While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention...more
On December 15, 2016, the California Court of Appeals in Los Angeles came to a surprising summary judgment decision in Sajid Veera et al. v. Banana Republic, LLC. The court held that plaintiffs who claimed they were misled...more
The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim (Cal. Bus....more
A recent decision out of the Northern District of California brings good news for developers of mobile apps that incorporate text messaging functions. Those functions may create the risk of claims under the Telephone Consumer...more
A recent defense win out of the Northern District of California brings good news for messaging software developers facing TCPA claims. In Cour v. Life360, Inc., U.S. District Judge Thelton E. Henderson granted defendant...more