43(B)log

FEBRUARY 22, 2022

Previously, the court denied Robinhood’s motion to dismiss claims for negligence and violations of the California Consumer Privacy Act (CCPA), the constitutional right to privacy, and the unlawful and unfair prongs of the Unfair Competition Law (UCL). Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Cablevision. Repair: ???

Privacy 45

Privacy Fair Use Fanworks Government 45

43(B)log

AUGUST 3, 2023

3) reasonable measures to safeguard privacy interests. (4) Many contracts—77%--say sellers can only use marketing claims or materials provided by company; 71% say other claims must be pre-approved (that seems contradictory). 57% say sellers could be liable for false etc. 4) detailed records of works used and their provenance.

Social Media 40

Social Media Fair Use Advertising Advertising 40

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

FEBRUARY 20, 2025

As a general legal counsel, my work covers a bit of everything, but I mostly focus on privacy and compliance matters for some of my large clients who operate applications in the U.S. and I constantly find myself bringing it into the classroom to share whenever we cover anything from contracts, securities, torts, IP, to the first amendment.”

Blogging 52

Blogging Business Advertising Advertising 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. Amazon may also be able to redefine information by contract. The roles of business and consumer have been applied flatly and wrongly. and so Amazon swoops in.

Law 91

Law Branding Branding Brands 91

Technology & Marketing Law Blog

OCTOBER 14, 2024

” By definition, every contract of every type involves a bilateral exchange of contract consideration, so this logic suggests that every contract represents a statutory “sale”? Trump The post Court Revives Indiana AG’s False Advertising Case Against TikTok–State v.

False Advertising 105

False Advertising Advertising Advertising Contracts 105