Keller Postman LLC’s Post

In the backdrop of the ongoing legal tussle between Google and app developers, the provisions granting the CCI the power to impose penalty on global turnover as well as provisions regarding settlement and commitment mechanism came into effect this week. The timing of this regulatory development is fortuitous as now there is a legal avenue available for swift resolution. Read my views in today's money control article: https://lnkd.in/dfeX-Rf6 #cci #competitionlaw #bigtech #google #induslaw

🌐 𝕋𝕙𝕖 𝔾𝕠𝕠𝕘𝕝𝕖 𝕒𝕟𝕥𝕚𝕥𝕣𝕦𝕤𝕥 𝕥𝕣𝕚𝕒𝕝: What you need to know! 🚀 A landmark case that could reshape the digital landscape. Dive into the updates with us! 💡 #AntitrustTrial #TechNews For a comprehensive overview, read the full article https://lnkd.in/ddQb8Nhh. 𝓛𝓮𝓽'𝓼 𝓼𝓽𝓪𝔂 𝓲𝓷𝓯𝓸𝓻𝓶𝓮𝓭! 📖🔍 #TechCommunity #LegalInsights #StayInformed #DigitalInnovation #GoogleAntitrust #DigitalTransformation #LegalTech #TechIndustry #LegalNews #TechInnovation #DigitalFuture #LegalChallenges #InnovationTrends

In Ithaca this week inspiring to hear Henri Piffaut at the Authorite De La Concurrance talk about using injunctions to restrain Meta and Google from breaching DMA before it has even come into force fully. Closing the enforcement gap may mean using injunctions more frequently. My thoughts on “Closing the Enforcement Gap”, are available online at Res Publica and below.

In this blog post, Gerard Stegmaier and Mark Quist examine the First Circuit Court of Appeals' decision affirming that specific personal jurisdiction must be based on defendants’ intentional conduct. In affirming the dismissal of a consumer class action that alleged “wiretapping” claims based on ordinary website activity, the federal appeals court’s decision reflects growing judicial skepticism toward the proliferation of class action claims applying old statutes to ubiquitous internet technologies. #technology #business #wiretapping #internet #privacy https://lnkd.in/eUZMBuPf

The pivotal 2023 antitrust lawsuit against Google, challenging its search engine and the impact it could have on the tech industry. "With antitrust laws that originated over a century ago, the trial will reveal whether these archaic regulations can adapt to oversee today’s rapidly evolving tech sector." Learn more about this legal showdown in this article from dataconomy.com by Kerem Gülen: https://lnkd.in/edx_P_tS #DigitalTransformation #BusinessInsights #itnews #technews

A new “pen register” legal theory is being used in California state courts to allege visitor tracking.   ⭐Retailer websites such as Anine Bing Corp., Stitch Fix Inc., and Primer Labs Inc. have been named, as well as financial firms such as Synchrony. The cases mention ContentSquare as the software provider   50 class actions have been filed in a grapeshot approach, similar to the hundreds of lawsuits since mid-2022 alleging chat wiretapping violations. Legal experts say the pen-register statute doesn’t allow as much wiggle room as wiretapping, so defendants will have a harder time winning dismissal motions   Specifically, the pen-register law does not rest on standing or harm or the in-transit argument. Instead, the California law requires that plaintiffs prove a pen register was deployed without a court order or consumer consent. A federal court in California wrote in July “pen registers take the form of software.”   💥Scott Ferrell, representing the plaintiffs, says  “companies are using intrusive software to dox and track website visitors. While this may be legal in other jurisdictions, California statutes make clear (and recent case law confirms) that such conduct is illegal in California without a warrant.” As 2024 looks to be a year of increasing state privacy enforcement, private lawsuits will not abate either. See two links in the comments for more on these pen register cases. #privacylaws #privacytech Boltive #privacycompliance

Thanks for posting Dan Frechtling. This trend is disturbing as it has very little to do with the law but rather about plaintiff's attorneys knowing that corporations are more likely to settle than pay to defend against these claims. Any judge worth their gavel should rule that these claims under CIPA/related laws were never written for merchants deploying software that is contractually within their exclusive control, just like there have never been claims that retailer PoS software 'tracks' customers through their transactions (even though they've been internet-enabled for a decade with a myriad of hidden intermediaries processing similar user-specific data). There should be no 'gray area' of the law applied here, just contrived lawyering required to be defended through astute lawyering. The 'disturbing' part is not just the frivolous plaintiff claims, but that outside counsel for some of these merchants are advising settlements for exorbinant sums because they are incapable of bringing their fees in-line with the cost of a settlement. While I originally took a 'no litigation' position with my law practice, I've decided that I will begin defending clients (in CA) on these matters with a business-friendly fee structure to help force these plaintiff's to cease this charade. More to come on that soon....

I thought of you when I read this quote from "The Internet Con: How To Seize the Means of Computation" by Cory Doctorow - "Link taxes, notice-and-stay-down, terrorism filters, and all the other proposals to transform Big Tech companies into gentler, more socially responsible behemoths all start from the premise that Big Tech’s bigness is off-limits to regulation. After all, Big Tech can’t pay link taxes without monopoly profits. Big Tech can’t afford $100 million–plus Content ID filters without monopoly profits. Big Tech can’t afford terrorism filters without monopoly profits. Big Tech can’t afford to hire armies of moderators to chase harassers and scammers around on its platforms without monopoly profits. Every time we deputize tech companies with government-like enforcement duties, we make it that much harder to cut them down to size (because they need to be big to fulfill those duties) and that much ha..." Start reading this book for free: https://a.co/1gvKvDg

🚨 Tech Giants in Hot Water! 🚨 Google and Meta (yes, the parent company of Facebook) are facing class-action lawsuits! Why? Taxpayers claim these tech behemoths collected their sensitive info via tracking pixels on tax filing sites. 😲 While the names were hidden, the masking process can be easily undone. The Senate even confirmed these allegations in a recent report. 💭 Thought Starter: How do you feel about your financial data potentially being accessed without your consent? Let's discuss below! 👇 #DataPrivacy #TechNews #AccountingInsights https://bit.ly/3EipVMN

Google Anti-Trust DOJ lawsuit is moving forward. Time to control the power of #BigTech #monopoly. #justice #justicematters #NoEthicsInBigTech #ethicsmatters #google #antitrust https://lnkd.in/gW73zxC7