A plaintiff recently lost her battle with Shutterfly in the Northern District of Illinois when the Court ruled that Shutterfly’s arbitration clause was binding, notwithstanding Shutterfly’s unilateral amendments to its Terms of Use, including adding an arbitration provision after plaintiff clicked “Accept.”  The case is now stayed pending the outcome of arbitration.

The plaintiff was

Last week, 23andMe, the direct-to-consumer genetic testing service, announced its strategic license agreement with Almirall, a leading global pharmaceutical company, for the rights to a bispecific monoclonal antibody designed to treat Il-36 cytokines in autoimmune and inflammatory diseases. The antibody was discovered by 23andMe’s Therapeutics team, using the genetic information from more than 8 million

Another BIPA class action was filed this week – this time against Google.  Again.  Google has been sued under BIPA before, and for seemingly the same violations as here, i.e., creating “face prints” from photos stored in Google Photos without having obtained prior, informed written consent.   The Complaint that was filed this week alleges: “Google

The New Jersey attorney general recently made headlines when he made the decision on January 24, 2020 to have prosecutors immediately stop using a facial recognition app produced by Clearview AI (https://clearview.ai/).  Clearview AI is an app that markets itself as helping to stop criminals.  The Clearview AI website states: “Clearview helps to

Following up on our post of January 22, 2020 (“Big News in Biometrics – Supreme Court Declines to Weigh in on What Plaintiffs Must Show to Bring Biometric Privacy Suit”), Facebook has now agreed to pay $550 million to settle the BIPA class action lawsuit.  This is the largest BIPA settlement ever, and it will

On January 21, 2020, the Supreme Court denied Facebook’s Petition for Certiorari, raising the issues of (i) Whether a court can find Article III standing based on its conclusion that a state protects a concrete interest, without determining that the plaintiff suffered a personal, real-world injury from the alleged statutory violation; (ii) whether a court