Class Dismissed

January 05, 2022 - Privacy, Appellate & Supreme Court, TCPA
Privacy Litigation 2021 Year in Review: TCPA Litigation
By: David J. Fioccola, Adam J. Hunt and Lily Valentine Westergaard
2021 marked another year of important developments in the TCPA landscape as lower courts issued conflicting interpretations of SCOTUS’s ruling Barr v. AAPC and began to apply the definition of “autodialer” that SCOTUS articulated in Facebook, Inc. v. Duguid. Although defendants swung for the
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January 05, 2022 - Privacy, Arbitration, Class Action
Privacy Litigation 2021 Year in Review: Data Breach Litigation
By: Nancy R. Thomas
Cyber incidents top the list of issues keeping in-house counsel up at night. And as we continue to see the number of incidents climb, we continue to see class actions filed in their wake. So what are the highlights from 2021 and what can
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July 06, 2021 - Privacy, TCPA
TCPA-Like Florida Law Takes Effect
By: Julie O'Neill and Tiffany Cheung
Just a few months after the U.S. Supreme Court narrowed the applicability of the federal Telephone Consumer Protection Act (TCPA), Florida has enacted a law that imposes broad prior consent requirements on phone and text solicitations and provides for statutory damages and a private
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June 23, 2021 - Privacy, Class Action, Retail
Open for Business: Are You Prepared for New York City’s Biometric Identifier Information Law?
By: Marian A. Waldmann Agarwal
Starting next month, businesses in New York City that collect biometric identifier information may be required to provide individuals with notice and be prohibited from selling or profiting from such information. New York City’s biometric privacy law (2021 NYC Local Law No. 3, NYC
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May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an
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February 10, 2021 - Privacy, Product Liability
Deepfake Litigation Risks: The Collision of AI’s Machine Learning and Manipulation
By: Erin M. Bosman and Michael Burshteyn
AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing practical
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January 19, 2021 - Privacy, TCPA, Class Action
Privacy Litigation 2020 Year in Review: TCPA Litigation
By: David J. Fioccola and Lily Valentine Westergaard
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the
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January 13, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn and Camille Framroze
Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products
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January 06, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: CCPA Litigation
By: Mark David McPherson, Purvi G. Patel and Michael Burshteyn
In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given
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