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Ninth Circuit Dismisses Session Replay Litigation in California

Court of Appeals for Ninth Circuit buoyed plaintiffs’ lawyers interest in session replay software when revived a putative class action against a website operator and a session replay software provider for violations of the California Invasion of Privacy Act CIPA.
United States Trustedform Activeprospect Lululemon United States Inc Clicktale Inc While The Court Party Eavesdropper

ERISA Excessive Fee Claims Found Insufficient in New York District Court

In Singh v. Deloitte, the district court in New York dismissed a putative class action challenging retirement plan recordkeeping and investment management fees. This is another example of the trend among district courts to follow the Sixth Circuit in Smith v. CommonSpirit Health.
New York United States Commonspirit Health Us District Court Second Circuit Southern District

Challenges with Judges in Mass Arbitration

The development of new rules to blunt the force of the mass arbitration tactic has frustrated plaintiffs’ attorneys. Courts have been reluctant to provide an escape from the mass arbitration trap for defendants and have not reconsidered new arbitration procedures.
New York United States International Institute American Arbitration Association International Institute For Conflict Prevention Resolution Illustrative Example

Avoid Litigation by Reviewing and Updating Privacy Policies

Class action lawsuits relating to collection and storage of sensitive data may involve statutory claims under federal and state consumer protection laws or common contractual or fraud claims. best way to avoid litigation is to review and update applicable privacy policies.
Party Service Providers Data Security Incidents Privacy Policies Software Development Kits Dk Provider Data Security

California On How To Plead Consumer Privacy Claims

Tuesday, March 2, 2021 In  Wesch v. Yodlee, Inc., 20-cv-05991 (N.D. Cal.) individual consumer plaintiffs brought a putative class action against defendants Yodlee, Inc. and its parent company Envestnet, Inc.  Yodlee provides software to financial institutions to facilitate online transactions.  Plaintiffs accuse defendants of secretly collecting and retaining their user information without their consent, and selling that information to third parties.  Plaintiffs asserted a raft of...
United States Yodlee Inc Envestnet Inc Communications Act Stored Communications Act Computer Fraud

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