Data Breach Litigation Waivers: Be Careful What You Wish For

Companies with data breach litigation waivers may find those waivers used against them by savvy law firms In her 1969 book, “On Death and Dying,” Elisabeth Kübler-Ross described the five stages of grief and loss: Denial and isolation Anger… Continue reading Data Breach Litigation Waivers: Be Careful What You Wish For

Illinois Court Upholds Unilateral Amendment to Shutterfly Arbitration Provision

In a recent opinion, an Illinois federal judge determined that a user’s biometric privacy claims must be arbitrated according to Shutterfly’s 2015 arbitration clause, despite the fact that plaintiff never assented to any version of th… Continue reading Illinois Court Upholds Unilateral Amendment to Shutterfly Arbitration Provision

CCPA Class Action Likely Not Too Classy

One of the most significant aspects of the California Consumer Privacy Act (CCPA) is the fact that consumers in California now have the right to sue companies for their losses resulting from data breaches. While this seems significant, in reality, it’… Continue reading CCPA Class Action Likely Not Too Classy

What the Stormy Daniels Lawsuit Means for Clickwrap Contracts

Adult film actress Stephanie Clifford, aka “Stormy Daniels,” aka Penelope Peterson, has filed a lawsuit in Los Angeles Superior Court seeking the court declare that her Nondisclosure Agreement with David Dennison—aka Donald Trump, aka the Commander in… Continue reading What the Stormy Daniels Lawsuit Means for Clickwrap Contracts