Spencer Persson (US)

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CCPA: “Attorney General Amendment” Likely Dead

By David Kessler (US), Spencer Persson (US), Steve Roosa (US), Jeewon Kim Serrato (US) and Susan Ross (US) on May 17, 2019 Posted in CCPA, Compliance and risk management

This is the Data Protection Report’s ninth blog post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA. On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the … Continue reading

Browsewrap agreements: Are you covered?

By Spencer Persson (US) on November 7, 2018 Posted in Dispute resolution and litigation, General

In a recent decision, a California federal court held that an arbitration provision contained in Viacom, Inc.’s browsewrap agreement was unenforceable and denied Viacom’s request to stay the case pending arbitration.[1] The court’s decision in Rushing v. Viacom, Inc. is consistent with “courts’ traditional reluctance to enforce browsewrap agreements against individual consumers.”[2]… Continue reading

California privacy initiative likely to increase costs of civil litigation if passed in November

By Spencer Persson (US) on April 23, 2018 Posted in Compliance and risk management

A little more than one month from implementation of GDPR, companies may be tempted to relax and exhale (and if GDPR is still causing you headaches, consult our checklist). After all, the U.S. couldn’t be crazy enough to implement something as onerous and difficult, right? RIGHT?!? Enter California, which appears likely to place an initiative … Continue reading

Ninth Circuit further entrenches circuit split over standing in data breach cases

By Spencer Persson (US) on March 20, 2018 Posted in Data breach, Dispute resolution and litigation

On March 8, 2018, the Ninth Circuit issued its highly anticipated decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach are sufficient to confer standing. This decision fuels an ongoing circuit split, pitting the D.C., Sixth, Seventh and now Ninth Circuits against the Second, Fourth, … Continue reading

Fourth Circuit Weighs In On What Constitutes “Injury-in-Fact” in Data Breach Cases

By Spencer Persson (US) on April 3, 2017 Posted in Data breach, Dispute resolution and litigation

In Beck v. McDonald, the 4th US Court of Appeals joined at least 5 other circuits in analyzing whether mere allegations of future identity theft can establish injury-in-fact as required to confer Article III standing. … Continue reading