April showers bring May flowers – and pro-clickwrap case law. Two courts upheld mandatory arbitration provisions to force putative class actions out of court. The Massachusetts Appeals Court affirmed a ruling upholding an arbitration provision...
Technology is always changing, and the law sometimes struggles to keep pace. This can lead to more questions than answers for organizations trying to make use of innovative or evolving tools, while navigating a legal...
A Delaware bankruptcy court held that the Stored Communications Act forbids the disclosure of a subscriber’s email content to the representatives of a bankruptcy estate where the subscriber has not given consent. The case, In...
The cost of fraud prevention services, fraudulent credit card charges, and time spent monitoring for fraudulent activity are sufficient to confer standing upon data breach victims, or so says the Seventh Circuit. In its second...
The “pick-off” move does not moot an individual plaintiff’s (or a putative class’s) claim. That’s the bottom line from the Supreme Court in the 6-3 ruling in Campbell-Ewald Co. v. Gomez, which resolved a circuit...
The Federal Trade Commission announced a settlement requiring Lumos Labs, the company behind the Lumosity “brain training” program, to pay $2 million to the FTC and agree to certain future restrictions on advertising. The FTC...