Remove 2020 Remove Contracts Remove Litigation Remove Privacy
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Legal Tug-Of-War: Protecting Privilege in Privacy Breach Disputes

IPilogue

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. This situation is exacerbated by the risk of litigation, as lawsuits are a legitimate consequence of a privacy breach.

Privacy 106
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More Chaos in the Law of Online Contract Formation

Technology & Marketing Law Blog

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. You’ll notice that this post gets increasingly surly as the cumulative effect of the judicial inanity weighed on me.

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California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Technology & Marketing Law Blog

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 14, 2020, No. 3, 2020) 442 F.Supp.3d

Blogging 101
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Can Facebook Stop Data Snarfers?–Meta v. BrandTotal

Technology & Marketing Law Blog

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case. ” Oof.

Contracts 105
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Why Are Airbnb Hosts Litigating A Class Action Against Airbnb?

Traverse Legal Blog

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer. TOS; Section 3).

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Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Gutman

Technology & Marketing Law Blog

At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. The district court granted an injunction that gave control over these key social media accounts to JLM during the pendency of the litigation.

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My “Summer” 2022 Activities

Technology & Marketing Law Blog

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 89