Posts in Other Jurisdictions.

There is always a risk when industry competitors adopt similar revenue-boosting measures. If you are cooperating with a competitor, make sure it’s not at the expense of competition.

Google was recently unsuccessful in getting a federal court to dismiss a lawsuit that accused the tech giant of violating the privacy of Google Wallet users. The lawsuit alleges that Google impermissibly shared users’ “personal information with outside app developers."

Here’s the latest data breach news from the past few days.

One of the more interesting developments in class action law as of late is the use of the pick-off play, which occurs when a potential class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward. Different circuits have come down on different sides on the issue as to whether a Rule 68 ...
Illinois Attorney General Lisa Madigan is pushing a new bill in response to a record 67 million personal records that were breached last year in the state.

A recent federal district court decision out of Michigan weighed in on Rule 68, and issue in which a a prospective class action defendant settles the case with a named plaintiff, potentially mooting the rest of the class action from going forward.

Many businesses know that calling the wrong party could mean trouble according to the Telephone Consumer Protection Act (TCPA). In broad terms, the law forbids cell phone calls without the consent of the called party. This recent blog post sets up a potentially frightening scenario for businesses — an accidental call.

Class Actions on the Energy Front

Plaintiffs recently filed a putative class action suit against the networking site LinkedIn in California federal court. The claim, brought under the Fair Credit Reporting Act, raises questions as to whether the law should apply more broadly than just to the reporting of consumer credit.

California district judge denies plaintiff's motion for class certification against Google for failing to meet the predominance requirement of Rule 23(b)(3)

Second Circuit rules that equitable tolling principles do not apply to the statute of repose under the Securities Act
Ninth Circuit Court expands period in which defendants can remove a case to federal court

Choice of Law Decision Leads to Dismissal of State False Advertising Claims in Class Action Against General Mills

The End of Incentive Agreements for Plaintiffs?

MERS class action dismissed in New Jersey federal court

Court says no way to cy pres: "Gift" stricken from class action settlement

Following the Supreme Court's decision in AT&T Mobility, Inc. v. Concepcion, 113 S. Ct. 1740 (2011), it seemed clear that states possessed little power to limit the enforcement of arbitration provisions and class action waivers in consumer contracts. 

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