Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages

Another court has allowed individuals to move past the preliminary stages of litigation by finding that “lost time” and the “time value of money” are injuries. Building on its prior rulings allowing data breach cases to jump over standing hurdles, on April 11, 2018, in Dieffenbach v. Barnes & Noble, Inc., No. 17-2408 (7th Cir. 2018), ...›

CPSC Will Sharpen Its Focus on IoT in Upcoming Public Hearing About Internet-Connected Devices

The Consumer Product Safety Commission (CPSC) announced today that on May 16, 2018, it will hold a public hearing on “potential safety issues and hazards associated with internet-connected consumer products.”[1]  The Commission will hear testimony from interested stakeholders on potential safety hazards created by network-connected devices, the types of hazards arising from their use or ...›

March 20, 2018Class Action, TCPA

An Autodialer Ain’t What It Used to Be: D.C. Circuit Rejects FCC’s Broad Ruling on the TCPA’s Scope

Late last week, the D.C. Court of Appeals issued its much-anticipated ruling in ACA International et al. v. Federal Communications Commission, No. 15-1211 (Mar. 16, 2018).The ruling appears to pare back significantly the scope of activity that may be subject to the Telephone Consumer Protection Act, 47 U.S.C. 227, and its implementing regulations at 47 ...›

WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings

Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is present in a wide variety of foods and flavorings and forms as a byproduct of cooking. California’s Office of Environmental Health Hazard Assessment (OEHHA) ...›

Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods

Last Monday, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide Roundup. Trace residues of glyphosate in food products had already become a potential target of Proposition 65 bounty hunters, who presumably had already begun testing foods purchased in California ...›

Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers

With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices (PDDs) – essentially small autonomous vehicles designed primarily for last-mile logistics using sidewalks and driveways, rather than public roads and highways. Regulation of PDDs is ...›

California Opens the Road to Fully Driverless Cars; Federal Policymaking Slowly Rolls Forward

On February 26, 2018, the California Department of Motor Vehicles (DMV) announced new regulations allowing fully driverless cars to be tested on California roads as of April 2, 2018. The announcement culminates a multi-year process undertaken by DMV. The new regulations mark a significant change. Although DMV has already issued permits to 50 manufacturers and ...›