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Candidate, 2025 In February 2024, the Federal Trade Commission (FTC) broke new ground by bringing its first-ever standalone Section 5 unfairness claims for unreasonable data retention and misleading breach notifications. By Gaurav Lalsinghani, J.D. By then, the attacker had already exfiltrated vast amounts of sensitive customer data.
Candidate, 2025 No one wants to be left holding the bag after a break-in, but for chief information security officers (CISOs), the risk of liability is ever-present. By Gaurav Lalsinghani, J.D. Tasked with overseeing a firms cybersecurity posture, CISOs stand on the front lines of a corporations digital defense.
In other words, the plaintiffs are trying to use venerable legal doctrines to create a common-law notice-and-takedown scheme. Such allegations fail to state a claim under products liability law. These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation. This doctrinal move doesn’t work.
Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s Plaintiffs further allege that D.G.s gaming has resulted in serious harm, including emotional distress, lost friends, and problems in school. addiction and Plaintiffs injuries.
The term “advisal” appears 29 times in this opinion, which confused me on two fronts. Important nomenclature note: the panel repeatedly refers to the call-to-action as an “ advisal.” ” The Berman opinion also used this term, but only once. First, the term is not standard for this litigation genre.
Set the Price Point One of the presentations I participated in back at the turn of the century was the $5,000 law office concept. That curiosity rarely collides with practice, though. This means lagging behind the latest technology in order to create a workable budget and refresh cycle. For one thing, I rarely start with specs as the driver.
Candidate, 2026 On March 15, 2022, President Biden signed the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) into law. CISA Rulemaking Process CISA is expected to publish a Notice of Proposed Rulemaking (NPRM) soon and must issue a final rule by September 15, 2025. By David Bernstein, J.D. Second, the U.S.
Relevant Federal Law: Balancing User Privacy with Child Protection In the 1980s, Congress passed a law called the Stored Communications Act (SCA) that created a statutory right of privacy for Americans digital files and communications. NCMEC routes received reports to the appropriate law enforcement agency.
The panel summarizes: “Because Does state law claims necessarily implicate Grindrs role as a publisher of third-party content, 230 bars those claims. Doe fails to state a plausible TVPRA claim, so Doe cannot invoke a statutory exception to 230 immunity.” and is “a description of its moderation policy.”
For more on Chase’s tragedy, see the People magazine story or the Social Media Victims Law Center’s press release about the lawsuit. A reminder that such a legal principle would synthetically create a common law segregate-and-suppress mandate , which would not be a positive development for children (or adults). Supreme Ct.
However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. The plaintiff claims that Amazon listings falsely claim that other merchants cartridges are remanufactured or recycled. Section 230. UPDATE: Prof.
The other FCRA claims already address the defendant’s alleged failure to provide proper disclosures to the consumer. The report is a straightforward list of public records organized into categories such as Address Summary, Bankruptcy Records, and Voter Registrations.
My blog post on the district court opinion (I focused on the 230 issue, but this ruling turns on the failure of the prima facie elements). The panel says wearily that “This action is Loomers fourth lawsuit about this alleged conspiracy” but sidesteps the obvious res judicata problem.
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