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California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May.[1] The trial court in Antman found that Uber was not liable to its drivers after hackers illicitly accessed their personal information through Uber’s computer system.[2] Plaintiffs Sasha Antman and Gustave Link alleged that the company failed to protect their personal information, as well…
California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May.[1] The trial court in Antman found that Uber was not liable to its drivers after hackers illicitly accessed their personal information through Uber’s computer system.[2] Plaintiffs Sasha Antman and Gustave Link alleged that the company failed to protect their personal information, as well…
California companies housing their drivers’ personal information may feel less exposed to liability in light of the Northern District of California’s holding in Antman v. Uber Technologies, Inc. in May.[1] The trial court in Antman found that Uber was not liable to its drivers after hackers illicitly accessed their personal information through Uber’s computer system.[2] Plaintiffs Sasha Antman and Gustave Link alleged that the company failed to protect their personal information, as well…
The Telephone Consumer Protection Act remains a hotbed of class action litigation. With statutory damages of up to $1,500 for each call, text or fax, the potential exposure creates the threat of annihilating damages for some businesses. This article discusses an additional, often overlooked, tool for defendants in TCPA cases — moving to compel arbitration. It may be useful in cases that raise the threat of what former Second Circuit Judge Henry Friendly once referred…
(Tate v. Progressive Finance Holdings, LLC, C.D. Cal. 2017) After a Central District of California Judge dismissed a consumer’s Telephone Consumer Protection Act (TCPA) case on a Motion to Compel Arbitration, companies should consider broadening their consumer arbitration provisions. Of particular interest are the following unique circumstances: 1) the Judge dismissed rather than stayed the action pending arbitration; 2) the plaintiff had the burden to present evidence showing the alleged calls were not related to…
A significant concern for any lawyer negotiating the settlement of a class action in California state court is crafting a settlement agreement that the court will ultimately approve. Under California law, a judge must approve of any proposed settlement agreement disposing of a class action.[i]  A judge will only approve a class action settlement that he/she determines is fair, adequate, and reasonable.[ii]  Courts have broad discretion in evaluating the fairness, adequacy,…