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2018 Amendments to Rule 23 - Summarized
  • Proskauer Rose LLP
  • USA
  • December 13 2018

Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure - governing class action lawsuits - was amended. Among other


Browsewrap Agreement Held Unenforceable - Website Designers Take Note!
  • Proskauer Rose LLP
  • USA
  • July 28 2016

In Nghiem v Dick’s Sporting Goods, Inc., No. 16-00097 (C.D. Cal. July 5, 2016), the Central District of California held browsewrap terms to be


CA Court Plays “Tag” - Judge Refuses to Drop Facebook Photo-Tagging Privacy Case
  • Proskauer Rose LLP
  • USA
  • May 16 2016

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case


Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints
  • Proskauer Rose LLP
  • USA
  • March 17 2016

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of


California court dismisses FCRA class action against LinkedIn
  • Proskauer Rose LLP
  • USA
  • May 14 2015

In recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation. By way of background, FCRA regulates consumer


California District Court dismisses privacy class action lawsuit against LinkedIn
  • Proskauer Rose LLP
  • USA
  • 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.


Service provider's intent in removing positive reviews irrelevant in assessing availability of CDA Section 230 protection
  • Proskauer Rose LLP
  • USA
  • November 10 2011

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act.


Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features
  • Proskauer Rose LLP
  • USA
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features.


Restore Online Confidence Act outlaws online "data pass" transactions and limits negative option marketing
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The lame duck Congress that reconvened following the November elections wasn't expected to do much, but some legislation got pushed out at the eleventh hour (or perhaps, the one-hundred-and-eleventh hour), including the "Restore Online Confidence Act," S. 3386 (111th Cong., 2d Sess. 2010), sponsored by Sen. John D. Rockefeller, IV.


Sender's liquidated damages liability under California anti-spam statute limited to $1 million per incident
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The liquidated damages provision of the California anti-spam statute, which caps liquidated damages at $1 million "per incident," is a limitation on a sender's liability for each transmission of an actionable message to a single recipient or to multiple recipients, a district court held.