On Wednesday, October 7, 2020, the First District Court of Appeal in California ruled that California law prevents anyone from recording either side of a phone conversation without both parties' consent. San Francisco attorney Eric Gruber previously filed suit against Yelp, Inc., alleging violations of the California Invasion of Privacy Act ("CIPA") (Pen. Code, § 630 et seq.) for recording conversations between himself and Yelp sales representatives without his notice or consent. The trial court ruled in Yelp's favor on a motion for summary judgment, finding no triable issues as to whether Yelp violated CIPA. The First District Court of Appeal reversed and remanded the trial court's decision.
On Tuesday, October 13, 2020, the United States Supreme Court denied a petition for a writ of certiorari in Malwarebytes, Inc. v. Enigma Software Group USA, LLC. The high court appeal stems from a case wherein Malwarebytes used software to block its users from accessing products from its competitor, Enigma. The district court rejected Enigma's claim based on immunity provided by Section 230 of the Communications Decency Act. The Ninth Circuit panel reversed the district court's ruling, stating that "[i]mmunity under that section does not extend to anticompetitive conduct." Supreme Court Justice Clarence Thomas penned a concurring opinion to the denial of certiorari, suggesting that a review of Section 230 of the Communications Decency Act may be warranted in an appropriate case.
On Friday, September 25, 2020, U.S. District Court Judge Nancy D. Freudenthal granted Google's motion to dismiss in a privacy lawsuit concerning Google's G Suite for Education. The court dismissed state law claims on the basis of declining to exercise jurisdiction, but granted Google's motion to dismiss as to the Children's Online Privacy Protection Act claim brought by the State of New Mexico.
During the coronavirus pandemic, California joined many other states in adjusting court procedures to reduce the risk of spreading the virus. Now, Governor Gavin Newsom has signed a law that will make some of these reforms permanent. The law takes effect immediately. Depositions now may be taken remotely rather than in…
US Supreme Court Associate Justice Ruth Bader Ginsburg passed away on Friday, September 18, 2020 at the age of 87 due to complications of metastatic cancer of the pancreas. Serving on the nation’s highest court for 27 years, she was known for her role in advancing equality and legal rights related to gender.
On Monday, September 14, 2020, three law school graduates with disabilities filed a lawsuit against the State Bar of California and the National Conference of Board Examiners alleging disability discrimination in violation of the Americans with Disabilities Act and the California Unruh Act. The lawsuit was filed in the U.S. District Court, Northern District of California and concerns the State Bar of California's remote administration of the bar exam during the COVID-19 pandemic.