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Recent Blog Posts

  • Arbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras and security equipment. See In re: Wyze Data Incident Litigation, Case No. C20-0282-JCC (W.D. Wa. 2020). The lawsuit – which centered around a 2019 data breach incident – alleged that Wyze failed to comply with Federal Trade Commission requirements for safeguarding users’ personal information. Wyze moved... More
  • Privacy During Bankruptcy Proceedings: Why It Matters During these particularly trying times resulting from the COVID-19 pandemic, businesses of all sizes have been concerned about the future. As a result, considering potential liquidation or restructuring through bankruptcy is inevitably starting to become a reality for some. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges. By taking proactive measures, a business can transform the personal data it holds from a reorganization liability into an... More
  • Zoom Successfully Addresses New York’s Privacy and Security Concerns A few weeks ago on this blog, we addressed some of the legal issues that have arisen for Zoom, as it becomes a significant part of American daily life during the COVID-19 pandemic. Among those legal issues was an inquiry by the New York State Attorney General into Zoom’s privacy practices, and particularly into its measures to detect and prevent hackers or other outside parties attempting to observe or interfere with online meetings. In several incidents, the third parties interrupted meetings... More
  • A Roadmap to Litigating Privacy Claims? A Look at a Recent Order From the Google Assistant Privacy Litigation As privacy-related litigation continues to heat up, Judge Beth Freeman (ND Cal.) recently laid out in In re Google Assistant Privacy Litigation (Case No. 19-cv-04286)[1] a potential roadmap for surviving or winning a motion to dismiss on privacy-related causes of action. The consolidated lawsuit against Google alleges violations on twelve counts, all relating to the Google Assistant product – a voice-activated technology used in mobile and home devices that listens for “hotwords” in order to carry out user commands. This case... More
  • Zoom & Schools: New Privacy Issues Arise As school districts increasingly rely on Zoom to facilitate online classes, and in many cases are expressly directing students to download and use the app, it implicates new legal concerns for the company. State regulators have taken notice of Zoom’s online school activity, and some have expressed concerns about whether Zoom has actually sought or obtained parents’ permission to collect data from minor students, in light of activity ostensibly targeted at minors. Zoom’s school district privacy policy requires a “‘School... More
  • New CCPA Lawsuit Against Zoom: Issues to Watch As large portions of society become subject to coronavirus-related quarantines, increasing numbers of people have turned to web-based communications platforms for classes, meetings, events, and socialization. One such platform, Zoom, has become, in some estimations, the most important app in the business world, and the single most downloaded mobile app in all of India. With such rapid expansion in its user base, there was bound to be increased focus on the company. Over the last few weeks, Zoom has faced questions... More