California Senate Bill 690 (SB 690) has just cleared a major hurdle, sailing through the State Senate with unanimous support. This closely watched bill aims to curb the proliferation of lawsuits under the California Invasion of Privacy Act (CIPA) by
Website and privacy litigation: Its current state of play
These past two years have seen an influx of litigation involving commonly used tracking technologies and web analytics on websites that give rise to potential liability under various laws.
Creative plaintiffs lawyers have not used consumer protection statutes, but pre-existing
California again seeks overhaul of Proposition 65 short-form warning
California Office of Environmental Health Hazard Assessment’s (OEHHA) is once again attempting to change the Proposition 65 safe harbor warning regulations. OEHHA has twice before attempted to make changes to the short-form warnings. Each time, industry has pushed back, and
CA court shuts down website accessibility claims for online-only businesses
The California Court of Appeal has issued a precedent-setting decision holding that the ADA does not apply to online-only businesses. The decision brings some much needed clarity for online-only businesses in California, although the federal courts are still split on
Prop 65 proposed short form warning regulation lapses
There has been yet another update in the series of the latest Proposition 65 proposed rulemaking regarding short-form warnings. On January 8, 2021, the California Office of Environmental Health Hazard Assessment’s (OEHHA) announced that it would amend the regulation relating
California issues second set of revisions to Prop 65 short form warning regulation
In the latest twist in California’s never-ending saga to amend the Proposition 65 “short-form” warning regulation, there’s now been a second proposed change. The California Office of Environmental Health Hazard Assessment (OEHHA) has been for some time attempting to
Plaintiffs must actually intend to use services for website accessibility claims
Businesses scored a win in a recent California Court of Appeal decision affirming a defense jury verdict in a website accessibility lawsuit. In Cheryl Thurston v. Omni Hotels Management Corp., the court held that for a plaintiff to prevail
California flammability standard for upholstered furniture goes national
On December 21, 2020, Congress passed The Safer Occupancy Furniture Flammability Act (SOFFA), which was presented alongside other legislation in a $1.4 trillion COVID relief omnibus bill. SOFFA requires the adoption of California’s TB 117-2013 as a federal flammability standard
Breach of contracts and a social media gaming celebrity
As more and more consumer markets brands turn to influencers and social media stars to promote their products, novel legal issues are bound to arise! Sue Ross and Eva Yang provide their analysis on a case recently litigated in the
Judge issues first ruling dismissing lawsuit for Braille on gift cards
Earlier this year, we posted about the new wave of ADA claims that flooded the district courts in New York concerning Braille on gift cards (see Braille on gift cards: ADA accessibility issue or novel shakedown?) . Four months