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Articles by Shing Tse
Key Changes To Virginia Telephone Privacy Protection Act Take Effect
On January 1, 2026, the amendments to the Virginia Telephone Privacy Protection Act (VTPPA), Va. Code § 59.1-510 et seq., went into effect. The amendments expand the scope of the VTPPA to explicitly include both calls and texts and provide enhanced statutory damages for willful or repeated violations. With the added requirements and heightened damages, including the recovery of attorneys’ fees, we expect these changes to the VTPPA will invite a wave of litigation.
Navigating the Mass Arbitration Minefield: Costs, Challenges and Strategic Shifts
In recent years, the landscape of dispute resolution has seen a notable shift, with businesses historically favoring arbitration over court proceedings to enforce agreements. This trend has taken an interesting turn as plaintiffs' attorneys, previously opponents of arbitration, have begun to leverage mass arbitration strategies, initiating claims by the thousands.
Trump Out on Bail—A Criminal Justice Expert Explains the System of Cash Bail | Daily Report
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Call Center Employees Sue Terminix for Alleged Wage-and-Hour Breaches
Pest control company Terminix was hit with a wage-and-hour class action on Aug. 24 in Tennessee Western District Court. The suit, filed by Barrett Johnston Martin & Garrison and Sommers Schwartz on behalf of a class of call center employees, accuses the defendant of failing to compensate workers for pre- and post-shift tasks such as booting up and shutting down computers and answering work-related emails. Counsel have not yet appeared for the defendant. The case is 2:23-cv-02526, Simon v.
Navigating Class-Action Exposure in Session Replay and Chatbot Litigation
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The Close Of The Javier Saga - Privacy Protection - United States
Last month, a district court in the Northern District of California delivered a fatal blow to the Javier saga, dismissing his claim with prejudice. Javier v. Assurance IQ, LLC, No. 20-CV-02860-CRB, 2023 WL 3933070 (N.D. Cal. June 9, 2023). As we previously reported, the court's holding concludes a drawn-out dispute on a website operator's and software provider's liability under the California Invasion of Privacy Act ("CIPA") relating to the website's use of session replay software.
The Close of the Javier Saga
Last month, a district court in the Northern District of California delivered a fatal blow to the Javier saga, dismissing his claim with prejudice. Javier v. Assurance IQ, LLC, No. 20-CV-02860-CRB, 2023 WL 3933070 (N.D. Cal. June 9, 2023). As we previously reported, the court’s holding concludes a drawn-out dispute on a website operator’s and software provider’s liability under the California Invasion of Privacy Act (“CIPA”) relating to the website’s use of session replay software.
IDR Payment Disputes are Far Outpacing Projections, Creating Backlogs
Wednesday, January 4, 2023 The No Surprises Act (the “NSA”), which was enacted as part of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) provides protections to privately insured patients against “surprise billing” with respect to emergency services, non-emergency services provided by out-of-network providers at in-network health care facilities, and air ambulance services furnished by out-of-network providers.
Federal Court Rules in Favor of LinkedIn’s Breach of Contract Claim after Six Years of CFAA Data Scraping Litigation
We have been covering the hiQ-LinkedIn data-scraping saga for several years now on CPW. (See previous posts here, here, here, and here). After well-publicized litigation that made its way to the Supreme Court and back again, the United States District Court for the Northern District of California ruled[1] that the provisions of a website user agreement that prohibit anti-scraping and fake profiles are enforceable in a breach of contract claim.
CPW's Kristin Bryan, Jesse Taylor and Shing Tse Co-Author Chapter for Lexis Practical Guidance on Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations
CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Jesse Taylor and Shing Tse teamed up to co-author a chapter of the Lexis Practical Guidance titled “Privacy, Cybersecurity and Data Breach Litigation: Key Laws and Considerations” In this practice note, the trio explore key legal issues and considerations in privacy, cybersecurity, and data breach litigation.
Federal Court Clarifies the Article III Standing Requirement for FDCPA Violations
Wednesday, August 31, 2022 A Seventh Circuit district court recently clarified that a Fair Debt Collection Practice (“FDCPA”) plaintiff may not satisfy Article III’s injury-in-fact requirement by alleging confusion and aggravation, even where a complaint generally alleges actual damages. In Suxstorf v. Portfolio Recovery Assocs. LLC, Plaintiff brought claims under the FDCPA, 15 U.S.C. § 1692e against Defendant, Portfolio Recovery Associates LLC, a debt collector.
Ninth Circuit District Court Finds No Standing for Alleged Lost Commercial and Proprietary Data in Privacy Litigation
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Ninth Circuit District Court Finds No Standing for Alleged Lost Commercial and Proprietary Data in Privacy Litigation
Recently, a federal court in California held that the loss of stored data, without more, is insufficient to establish Article III standing to withstand a motion to dismiss. In so doing, the court joined a number of other courts in holding that allegations of speculative harm devoid of allegations that personal information was stolen or hacked is likewise insufficient to establish an injury in fact. In Riordan v. Western Digit.
NIHILISM: Third Circuit Court of Appeals Holds Everything is an ATDS–But that it Doesn’t Really Matter Anyway (Chaos Ensues)
Deep down, I’m a philosopher. Or, to use the more accurate term–a metaphysicist. I love looking beyond the obvious to see what lies underneath. What is actually driving outcomes. And while that goes equally for human intentions–for instance why this or that judge made this or that ruling– I mean something much grander here. I always love looking for clues in the universe around us as to what the great End of History might be. I suspect we’re all doomed, in the end.
BREAKING: Third Circuit COA Issues STUNNING ATDS Case–Determines SQL Database Part of ATDS “Equipment” But Only ACTUAL USE of ATDS Functionalities Trigger Statute
Well folks, this might be the single most baffling ATDS ruling yet. The Third Circuit Court of Appeals today held that a lower court erred when it determined Navient’s SQL server was not part of its dialing “equipment” for purposes of assessing whether it used an ATDS. It likewise held that Facebook requires only the capacity to use an ROSNG to store or produce telephone numbers to be dialed for a system to be an ATDS.
Use of Certain Technologies to Track Web Session Data May Violate Law
Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a violation of California’s wiretap statute. In the case of Javier v. Assurance IQ, LLC and ActiveProspect Inc.
Ninth Circuit Once Again Preserves Competitor’s Data-Scraping Rights
On remand from the Supreme Court of the United States, the US Court of Appeals for the Ninth Circuit reaffirmed its own that preliminarily enjoined a professional networking platform from denying a data analytics company access to publicly available profiles. HiQ Labs, Inc. v. LinkedIn Corporation, Case No. 17-16783, (9th Cir., Apr. 18, 2022) (Wallace, Berzon, Berg (sitting by designation) JJ.).
Third Circuit Issues Order In WaWa Data Breach
CPW has been covering the data breach litigation In re: Wawa, Inc. Data Security Litigation, pending in the U.S. District Court for the Eastern District of Pennsylvania (see here and here). As a reminder, In Re: Wawa Inc. Data Security Litigation, No. 2:19-cv-06019 arose out of a data breach impacting Wawa, Inc. ("Wawa"), a popular convenience store chain.
Third Circuit WaWa Data Security Trial Reaches Conclusion
CPW has been covering the data breach litigation In re: Wawa, Inc. Data Security Litigation, pending in the U.S. District Court for the Eastern District of Pennsylvania (see here and here). As a reminder, In Re: Wawa Inc. Data Security Litigation, No. 2:19-cv-06019 arose out of a data breach impacting Wawa, Inc. (“Wawa”), a popular convenience store chain.
hiQ Labs v. LinkedIn : Ninth Circuit Indicates Tort-Based Claims, Not CFAA, Appropriate Legal Theory For Attacking Data Scraping Practices
United States: hiQ Labs v. LinkedIn : Ninth Circuit Indicates Tort-Based Claims, Not CFAA, Appropriate Legal Theory For Attacking Data Scraping Practices 20 April 2022 by Shing Tse and Kristin L. Bryan Squire Patton Boggs LLP Earlier this week, the Ninth Circuit, yet again, concluded that data scraping public websites is not unlawful. In hiQ Labs, Inc. v.
hiQ Labs v. LinkedIn
Earlier this week, the Ninth Circuit, yet again, concluded that data scraping public websites is not unlawful. In hiQ Labs, Inc. v. LinkedIn Corp., a case that has been ongoing for nearly five years, the Ninth Circuit affirmed its earlier decision that LinkedIn may not rely on the Computer Fraud and Abuse Act (“CFAA”) to enjoin hiQ from scraping member data from LinkedIn’s websites. This decision comes in the wake of the Supreme Court’s decision in Van Buren v. United States.
Federal Court Dismisses Data Breach Litigation
United States: Federal Court Dismisses Data Breach Litigation 08 April 2022 by Shing Tse and Kristin L. Bryan Squire Patton Boggs LLP Recently, a federal court in Kansas joined a number of other courts in finding that allegations of future, speculative harm unadorned with actual theft or misuse of personal information are insufficient to establish Article III standing. In Ex rel Situated v. Med-Data Inc., Case No. 21-2301-DDC-GEB, 2022 U.S. Dist. LEXIS 60555 (D. Kan. Mar.
Kansas Federal Court Plaintiff Did Not Meet Article III Standing
Recently, a federal court in Kansas joined a number of other courts in finding that allegations of future, speculative harm unadorned with actual theft or misuse of personal information are insufficient to establish Article III standing. In Ex rel Situated v. Med-Data Inc., Case No. 21-2301-DDC-GEB, 2022 U.S. Dist. LEXIS 60555 (D. Kan. Mar.
Third Circuit’s Rejection of the “Objective Falsehood” Requirement under the FCA is Challenged
The appellee in United States ex rel. Druding v. Care Alternatives, Inc., 952 F.3d 89 (3d Cir. 2020) has sought rehearing of the Third Circuit’s holding that “objective falsehood” is not a requirement under the False Claims Act (“FCA”).
TCPA Quick Hitter: Court Denies Request to Bifurcate Discovery and Compels Class-Wide Discovery.
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