E-Commerce

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Key Takeaways

  • In a recent decision by the Ninth Circuit in Briskin, the court ruled that e-commerce platform Shopify purposefully directed its conduct toward California because of its nationwide operations, rejecting the need for differential targeting of a forum state.
  • Notably, the court found a direct causal nexus between Shopify’s conduct and Briskin’s claims, deeming an exercise of specific jurisdiction over Shopify in California fair and reasonable.
  • Legal scholars are concerned that the decision could broadly expand the scope of specific personal jurisdiction and increase litigation risks for online platforms.
  • Companies should reassess their data practices and anticipate forum shopping by plaintiffs following Briskin.

Roughly two weeks apart, on July 21, 2022 and August 5, 2022, respectively, Amazon made headlines for agreeing to acquire One Medical, “a human-centered and technology-powered primary care organization,” for approximately $3.9 billion and iRobot, a global consumer robot company, known for its creation of the Roomba vacuum…

On January 1, 2016, the Delaware Online Privacy and Protection Act (“DOPPA”) will go into force, a law that provides strong online privacy protection for its residents.  The new law targets three areas of compliance: (1) advertising to children; (2) conspicuous posting of a compliant privacy policy; and (3) enhancing the privacy protections of users of digital books (“e-books”).  The law grants the state’s Consumer Protection Unit of the Department of Justice the authority to investigate and prosecute violations of the law. This new Delaware law is substantially similar to three existing California laws that regulate the same practices. Given the similarities in language, DOPPA was clearly drafted with the California laws in mind.