October 2019

Domino Effect: Will SCOTUS Refusal to Hear ADA Website Case Yield Flood of Litigation?

October 9, 2019 On October 7, 2019, the United States Supreme Court denied a petition for a writ of certiorari in the matter of Domino’s Pizza LLC v. Robles.  This case involves an Americans with Disabilities Act (“ADA”) claim in which Mr. Guillermo Robles, a blind man, filed a lawsuit against Domino’s Pizza LLC (“Domino’s”) […]

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Pre-Checked Boxes Do Not Constitute Valid Consent Under GDPR

October 4, 2019 On October 1, 2019, the Court of Justice for the European Union (“CJEU”) issued an important opinion regarding the scope of consent in the context of the General Data Protection Regulation (“GDPR”).  Specifically, the Court determined that a company cannot validly obtain a user’s consent to install cookies on his/her computer device

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NJ Dance Club Fights TCPA Text Message Lawsuit

October 3, 2019 On September 30, 2019, a federal district court for the District of New Jersey (the “Court”) denied a motion to dismiss based, in part, on the definition of automatic telephone dialing system (“ATDS”) within the meaning of the Telephone Consumer Protection Act (“TCPA”). In Rivero v. D’Jais, LLC, the plaintiff alleged that

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California Fair Pay to Play Act and College Athlete Marketing

October 2, 2019 For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor

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