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

There was a sense among many that websites whose data was being scraped may have lost a claim against data scrapers last year—specifically, violation of the Computer Fraud and Abuse Act (CFAA)—when the Northern District of California, and then the United States Court of Appeals for the Ninth Circuit, sided with data scraper, hiQ, in

There are a number of state student privacy laws of which schools and technology companies whose programs and services are being used for educational purposes during the Coronavirus pandemic should be aware.

For example, a number of states have student online personal information protection acts (SOPIPAs) which prohibit website, online/cloud service, and application vendors from

Just last year the public was scrutinizing Big Tech for its collection and use of extraordinary amounts of data about people’s activities, from real-world location tracking to virtual lingering and clicks.  This scrutiny led to the landmark California Consumer Privacy Act, among other general privacy and data protection laws around the world. Will Big Tech

By now, most of us have participated in at least one videoconference from the comfort of our homes, be it for a work meeting, a fitness class, or a virtual happy hour with friends across the country. Easing the transition from business-as-usual to social distancing and sheltering-in-place, these video communications platforms and apps have no

There is no doubt that we are generating, processing, and transferring more data RIGHT NOW than we ever have before.  It is almost certain that our data generation, processing and transmission is many, many times that today than it was this same time last week—not to mention last month—because of “work-around” efforts due to the

Coronavirus disease, which is also known as COVID-19, poses a number of significant challenges to business organizations.  Many businesses plan to address these challenges by encouraging or even requiring remote work by implementing telecommuting or work-from-home (WFH) programs. Organizations as disparate as hotel chains, major universities, and even the Internet Corporation for Assigned Names

The Federal Trade Commission (“FTC”) released its 2019 Privacy and Data Security Update, highlighting its enforcement actions in 2019 directed to the protection of consumer privacy and data security.

In the roundup of 2019 Privacy Cases, the Update highlights the FTC’s and the Department of Justice’s record $5 billion penalty imposed on Facebook—the largest

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