UPDATE: On December 23, 2021, the parties reached a settlement, as Southwest filed an unopposed motion for entry of final judgment and a permanent injunction containing the same restrictions as the temporary injunction issued in September. Under the proposed permanent
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SEC Brings First Enforcement Action Against Alternative Data Provider
On September 14, 2021, the Securities and Exchange Commission (“SEC”) filed a settled securities fraud action against App Annie Inc., one of the largest sellers of market data on how apps on mobile devices are performing, and its co-founder and…
Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video
On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). The case…
Settlement in Plaid Fintech Data Case
On August 5, 2021, a proposed class action settlement was reached in the closely-watched privacy action against fintech services company Plaid Inc. (“Plaid”). The settlement features a $58 million settlement fund and certain injunctive relief that would make changes to…
Second Circuit Vacates CDA Decision and Reissues a Narrower Opinion Reaching Same Conclusion, Providing Some Practical CDA Lessons for the Future
Less than one week after issuing an order vacating its own March 2021 opinion in an important Communications Decency Act (“CDA”) case and granting a petition for rehearing, the Second Circuit issued a new opinion reaffirming “protection” under Section 230…
Supreme Court Vacates LinkedIn-HiQ Scraping Decision, Remands to Ninth Circuit for Another Look
On June 14, 2021, in a closely-watched dispute involving the Computer Fraud and Abuse Act (CFAA), the Supreme Court granted LinkedIn Corp.’s (“LinkedIn”) petition for certiorari filed in the hiQ web scraping case. It subsequently vacated the Ninth Circuit 2019…
Some Interesting CDA Section 230 Developments: A Novel FCRA Victory, a Negligent Design Exception and a Startling New State Law
In the past month, there have been some notable developments surrounding Section 230 of the Communications Decency Act (“CDA” or “Section 230”) beyond the ongoing debate in Congress over the potential for legislative reform. These include a novel application…
Supreme Court Ends Long-Running Circuit Split over CFAA “Exceeds Authorized Access” Issue, Adopting a Narrow Interpretation That Will Reverberate in Scraping Disputes and Litigation over Departing Employees
In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA), ruling that an individual “exceeds authorized access”…
The President Revokes Prior Administration’s Executive Order on CDA Section 230
On May 14, 2021, President Biden issued an executive order revoking, among other things, his predecessor’s action (Executive Order 13295 of May 28, 2020) that directed the executive branch to clarify certain provisions under Section 230 of the…
Plaid Federal Electronic Surveillance Claims Dropped, Privacy Claims Survive
On April 30, 2021 a California district court trimmed various federal privacy-related claims, including the Computer Fraud and Abuse Act (CFAA) claim, from a highly-visible, ongoing putative class action against fintech services company Plaid Inc. (“Plaid”), but allowed other state…