For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its standard terms of use, and courts have enforced them to dismiss potentially expensive cases at the earliest stage of litigation. The … Continue Reading
This post was co-authored by Julian D. Perlman and is a joint submission with BakerHostetler’s Data Privacy Monitor blog. In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain internet browsers’ cookie … Continue Reading
Co-authored by Amanda Karp A recent decision by the United States District Court for the Southern District of New York highlights two key concepts in representative litigation: (1) associational standing to bring a representative action; and (2) the propriety of class certification when class members’ interests may be in conflict with one another. Case Summary … Continue Reading
Fraud class actions have become increasingly difficult to certify over the years as courts routinely have held that individualized issues of reliance swamp any common issues. Plaintiffs’ attorneys thus have been keen to attempt to transform fraud claims into breach of contract claims and claims under consumer protection statutes. That approach failed miserably for plaintiffs in In re Facebook, Inc. PPC Advertising … Continue Reading
