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Minding Your Business

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

By Tara Brailey

February 18, 2020

A recent Ninth Circuit decision centered on something most consumers use many times every day: smartphone apps. In Wilson v. Huuuge, Inc., the Ninth Circuit affirmed the denial of defendant Huuuge’s motion to compel arbitration against a user of its smartphone casino app. Addressing a question of first impression, the Court considered the circumstances under which an app user who downloads or uses an app can be said to have constructive notice of the…

Minding Your Business

Caltech Ten-Figure Patent Verdict Showcases Impact of University Intellectual Property

By S. James Boumil, III

February 7, 2020

A California jury recently ordered Apple, Inc. (“Apple”) and Broadcom, Ltd. (“Broadcom”) to pay the California Institute of Technology (“Caltech”) over $1.1 billion in damages for infringing several patents owned by Caltech. The patents relate to a type of error correction code used in wireless technology (known as “irregular repeat and accumulate” codes) to improve transmission rates and performance. The products alleged to have used these codes include multiple models of the Apple iPhone, iPad,…

Minding Your Business

Ninth Circuit “Scraps” Old Construction of CFAA in Closely Watched LinkedIn Data Scraping Case

By Aliza Hassine Bloch

February 6, 2020

This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not violate federal hacking laws by “scraping” LinkedIn member profiles without LinkedIn’s permission. Data scraping, or web scraping, is a method where a computer program extracts data from websites. The data that is extracted is often considered to be human-readable information.…

Minding Your Business

CCP 2031.280(a): New Document Production Obligations in California Civil Litigation

By Elisa M. Cariño

January 24, 2020

Effective as of January 1, 2020, all civil litigants in California will have additional discovery burdens. The California Code of Civil Procedure now requires “[a]ny documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond.” Cal. Civ. Pro. § 2031.280(a). This is a major departure from the prior rule. Responsive documents can no…

Minding Your Business

Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act

By Om V. Alladi

January 21, 2020

Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to mitigate damages is not an absolute defense to a claim for statutory damages, the Court ruled on Wednesday, January 15, 2020.…

Minding Your Business

Is Increased Transparency into Litigation Financing on the Horizon?

By James Anderson

January 15, 2020

The market for litigation finance shows no signs of slowing down, but pressure from rulemaking bodies and the judiciary may reshape whether and to what extent funding arrangements must be publicly disclosed. The use of litigation finance to fund claims that may not otherwise have been pursued or as a risk management strategy has continued to expand in recent years. For much of its history, parties were not required to disclose whether they were receiving…

Minding Your Business

Data Breaches and Damages: Consumer Action Under the CCPA

By Christina H. Kroll

December 2, 2019

With less than one month to go before the California Consumer Privacy Act of 2018’s (“CCPA”) effective date of January 1, 2020, businesses should be aware of the potential litigation that awaits them. The CCPA is a California privacy law that gives California consumers the rights to know about and control the personal information that businesses collect about them. In turn, the CCPA requires businesses to give consumers the ability to effectuate these rights. For…

Minding Your Business

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

By Erica T. Jones

November 18, 2019

This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence for use in a proceeding before “a foreign or international tribunal” upon request by “any interested person.”…

Minding Your Business

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way

By Colin Kass, David Munkittrick & Owen Masters

July 10, 2019

Plaintiffs often try to define the broadest possible class at the outset of a case on the belief that the scope of the class can be refined on class certification after discovery has been completed. For this strategy to work, however, plaintiffs must get past the pleading stage. Historically, this has not been too difficult for class plaintiff. But a recent decision in In re Railway Industry Employee No-Poach Antitrust Litigation suggests that the tide…

Minding Your Business

For The First Circuit, Transaction Costs in Structured Settlements are Not Fraud

By Corey I. Rogoff

July 3, 2019

Liability insurers charge premiums in exchange for an agreement to cover certain claims against their policyholders. When settling a tort claim against a policyholder, the insurance company can pay a lump-sum of cash or, in some cases, will enter into a “structured settlement” with the claimant. Here, the insurance company purchases an annuity (or a stream of payments over a set period of time) from, for example, a life insurance company, under which the beneficiary/claimant…

Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Blog Authors

Ninth Circuit Decision Has Significant Implications for Terms and Conditions in Smartphone Apps

Caltech Ten-Figure Patent Verdict Showcases Impact of University Intellectual Property

Ninth Circuit “Scraps” Old Construction of CFAA in Closely Watched LinkedIn Data Scraping Case

CCP 2031.280(a): New Document Production Obligations in California Civil Litigation

Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act

Is Increased Transparency into Litigation Financing on the Horizon?

Data Breaches and Damages: Consumer Action Under the CCPA

“Ain’t No River Wide Enough”: Second Circuit Says No Per Se Bar to Extraterritorial Application of Section 1782

Attacking Class Certification on a Motion to Dismiss? A Recent Decision Says There is a Way

For The First Circuit, Transaction Costs in Structured Settlements are Not Fraud

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