NO IMMUNITY: Capital One Sued Over “Refer a Friend” Text – Court Holds...
Recently, while shopping around for a new credit card, I was surprised by how many people were eager to “refer” me. It’s a common promotional scheme – someone sends you a referral link or code, and if...
View ArticleCourt Rules Compensation Package Offer Is Not a Security
The definition of a "security" Section 25019 was modeled after the definition in Section 2(a)(1) of the Securities Act of 1933, albeit with some notable differences. Both laws broadly define the term...
View ArticleCourt Upholds Mass Class Action Opt-Out Permitting Individual Arbitrations
No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google...
View ArticleFTC Granted Injunction in Small Business Lending Case
On February 20, a judge for the U.S. District Court for the Central District of California granted the FTC a preliminary injunction against a small business financing company. The FTC alleges that the...
View ArticleMy Health, My Dollar: Amazon’s Health Data Troubles in Washington
Amazon faces allegations of unauthorized data collection in violation of federal and state privacy laws, including a first-of-its-kind claim under Washington’s My Health My Data Act (“MHMDA”).The MHMDA...
View ArticleBEHIND THE FILTERS: CapCut And TikTok Are Making The Cut And Maybe Your...
Greetings CIPAWorld!Let’s get techy with it. Ever edited a TikTok or Instagram Reel using CapCut? It turns out that you might have handed over more than just your creativity. The Northern District of...
View ArticleCalifornia AG Again Enjoined from Implementing California Age Appropriate...
On March 13, 2025, the U.S. District Court for the Northern District of California granted a second motion for preliminary injunction in favor of the technology trade group NetChoice. The injunction...
View ArticleUK-Based Graffiti Artists Sue Vivienne Westwood in California for Misuse of...
“In a culture where association with philistines is a death knell,” UK-based graffiti and street artists Cole Smith, Reece Deardon and Harry Matthews have brought a lawsuit against Vivienne Westwood...
View ArticleValenzuela v. The Kroger Co. Chatbot Wiretapping Case Dismissed; Implications...
A recent noteworthy decision from a federal court in California provides helpful guidance for companies deploying chatbots and other types of tracking technology on their websites, but at the same time...
View ArticleNinth Circuit Clarifies Amount in Controversy Requirement in Declaratory...
Plaintiff’s counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum. One such tactic is to challenge the amount in...
View ArticlePresident Trump Issues Executive Order Promoting Domestic Mineral Production
On March 20, 2025, President Donald Trump signed a sweeping executive order promoting mining and processing of “critical minerals” in the United States. The order – Immediate Measures to Increase...
View ArticleThe Ninth Circuit Confirms That Liability Insurers Are Entitled to...
Liability insurers often receive policy limit demands from third-party claimants that allege serious injuries without corroborating medical records or bills. Since the enactment of California Civil...
View ArticleStill in the Dark After Loper Bright: SCOTUS Declines to Shine a Light on...
Last year, the United States Supreme Court’s Loper Bright decision put an end to “Chevron deference,” a judicial practice of deferring to federal agency interpretations of ambiguous statutory language....
View ArticleHUGE WIN FOR LENDING TREE!: Court Holds Tree is Not Responsible for Affiliate...
So Tree and I have buried the hatchet and are friends again– in fact, Lending Tree will be speaking at Law Conference of Champions III, how awesome is that!But the BEST way to get on the Czar’s good...
View ArticleWHEN GOOGLE FOLLOWS YOU TO THE DMV: Where Consent Gets Lost in the Traffic
Happy CIPA Sunday! What feels like a routine online interaction with your state could be something else entirely. Imagine for a moment that you’re renewing your disability parking placard online. It’s...
View ArticleCan Investors Themselves Be Liable For A Failure To Register The Offer And...
Section 12(a)(1) of the Securities Act of 1933 imposes liability on sellers of securities who violate that Act's registration and prospectus delivery requirements. Because the statute refers to...
View ArticleANOTHER BIG VICARIOUS LIABILITY WIN FOR TCPA DEFENDANT: Nevada Court Holds...
Hi TCPAWorld! Another huge vicarious liability win for a TCPA defendant!The United States District Court for the District of Nevada has dismissed with prejudice all claims alleged by Plaintiff Kelly...
View ArticleClass Action Litigation Newsletter | 4th Quarter 2024
This GT Newsletter summarizes recent class-action decisions from across the United States. Highlights from this issue include:First Circuit addresses four questions of first impression relating to CAFA...
View ArticleCourt Rejects Challenge to FDA Approval of Ammonia-Reducing Animal Drug
Yesterday the U.S. District Court for the Northern District of California granted summary judgment to FDA and drug manufacturer Elanco Animal Health, thereby rejecting a challenge to FDA’s approval of...
View ArticleTriggers and Risks
Having granted a Writ of Certiorari to review the decision of the United States Circuit Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) in Amalgamated Bank et al v. Facebook, Inc. et al...
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