By: Mike Kheyfets[*] I. INTRODUCTION A theory of harm frequently asserted in data breach class actions is that plaintiffs did not receive the “benefit of the bargain” with defendants. That is, plaintiffs claim that when they transferred sensitive information to defendants, they anticipated that the information would remain safe. When the data were exposed as…
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The California Consumer Privacy Act: Towards A European-Style Privacy Regime In The United States?
By: Stuart L. Pardau[*] INTRODUCTION When it comes to technology, over the last two decades the consuming public has rushed forward excitedly in all directions towards new and seemingly revolutionary services, without any deep thought about the business models of well-known tech giants or what important tradeoffs might be contained in the fine print of…
Intellectual Contract And Intellectual Law
By: Daniel F. Spulber[*] Abstract Technological change is altering the nature of contract toward a greater focus on intangible assets. The direction of technological change toward greater connectivity, interoperability, mobile communications, the Internet of Things (IoT), artificial intelligence (AI), virtual inventions, and cooperative research and development (R&D) has profound implications. This Article develops a new…