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Documents on Class Actions, Internet & E-Commerce
 

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Adobe PDFData Breach Litigation on the Rise—Eleventh Circuit Allows Data Breach Putative Class Action to Proceed
Corey M. Dennis, David M. Governo; Governo Law Firm LLC;
Legal Alert/Article
March 13, 2013, previously published by The Privacy Advisor on November 8, 2012
A recent decision from the U.S. Court of Appeals for the Eleventh Circuit may lead to an uptick in data breach litigation. In Resnick v. AvMed, Inc., 693 F.3d 1317 (11th Cir. 2012), the Eleventh Circuit, addressing issues of first impression, held that the plaintiffs’ allegations of injury...

 

HTMLCalifornia Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
Legal Alert/Article
February 20, 2013, previously published on February 2013
Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for electronic downloads, the California Supreme Court ruled Feb. 4, 2013. A...

 

HTMLThe California Supreme Court Finds Online Transactions for Downloadable Products Are Not Covered by the Song-Beverly Credit Card Act
Michelle C. Doolin, Michael G. Rhodes; Cooley LLP;
Legal Alert/Article
February 8, 2013, previously published on February 7, 2013
On February 4, 2013, in the case of Apple v. Superior Court (Krescent) the California Supreme Court reversed the Court of Appeal's denial of defendant Apple Inc.'s petition for writ of mandate for review of the trial court's order overruling Apple's demurrer. The lawsuit alleged that Apple had...

 

HTMLAre Your Company’s Consumer Terms and Conditions Enforceable?
Adrianne C. Strong, David J. Treacy; Dinsmore & Shohl LLP;
Legal Alert/Article
December 20, 2012, previously published on December 13, 2012
Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear in consumer agreements along with arbitration clauses, governing law...

 

HTMLNot So Fast: Recovering Plaintiff Attorneys’ Fees in Non-Monetary Class Action Settlements Just Got Harder
Timothy Newman; Haynes and Boone, LLP;
Legal Alert/Article
September 19, 2012, previously published on September 13, 2012
It is not uncommon in class actions for parties to reach a settlement that provides non-monetary relief to the plaintiffs and a payment of attorneys’ fees to class counsel. In August, however, a California federal court denied preliminary approval of such a settlement. The court questioned...

 

HTMLArizona District Court Enforces Contractual Provision Shortening Statute of Limitations Period
Melissa B. Francis, Archis A. Parasharami, Kevin S. Ranlett; Mayer Brown LLP;
Legal Alert/Article
August 24, 2012, previously published on August 23, 2012
On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar GoDaddy.com. See WineStyles, Inc. v. GoDaddy.com, LLC, No. 2:12-cv-00583-SRB (D. Ariz. Aug. 15, 2012). In doing so, the court enforced a...

 

HTMLCalifornia District Court Dismisses Privacy Class Action Lawsuit against LinkedIn
Amy Crafts; Proskauer Rose LLP;
Legal Alert/Article
August 15, 2012, previously published on August 8, 2012
A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit. An earlier Complaint filed by one of the representative Plaintiffs was dismissed by the Court...

 

HTMLHe "Likes" Me, He "Likes" Me Not - Facebook's Sponsored Stories Lawsuit and the Proposed Class Settlement
Elizabeth S. Berman; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 3, 2012, previously published on July 30, 2012
Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person (your Facebook Friend) “likes” an advertiser,...

 

HTMLFacebook Resolves User Right of Publicity Claims Concerning Sponsored Stories Advertising
Barry M. Benjamin, Andrew I. Gerber; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
July 11, 2012, previously published on July 3, 2012
Facebook recently settled a class-action lawsuit stemming from Facebook’s alleged unauthorized use of users’ photographs in ‘sponsored stories’ advertisements on its site. The class action plaintiffs alleged that Facebook’s use of their images in “Sponsored...

 

HTMLClass Action Targets Facebook for In-App Purchases by Kids, May Fuel Interest in Mobile App Regulation
Tracy P. Marshall, Sheila A. Millar, Crystal N. Skelton; Keller and Heckman LLP;
Legal Alert/Article
April 23, 2012, previously published on April 19, 2012
A class action lawsuit has been filed against Facebook alleging that the company improperly made money off in-app "credits" that were purchased by minors. In Bohannon, et al. v. Facebook, Inc., No. 12-cv-01894 (N.D. Cal., March 8, 2012), the Plaintiff alleges that she gave her son...

 


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