You are about to read closing arguments in a jury trial of an online privacy class action case: In re Amalgam, Inc. Online Privacy Litigation. Amalgam, Inc.—a fictional conflation of Google, Facebook, Twitter, LinkedIn, Yahoo, and others, and an online provider of search engine, email, social networking, business links, and other services—has been accused of improperly aggregating its users’ personal information and selling it to advertisers and vendors. Case law and relevant facts are interspersed to aid your understanding of the issues. Are you thinking that reading this would be a useless exercise because such cases are routinely tossed at the pleadings stage for lack of standing? Not so fast. That may have seemed true in the past, but courts have recently denied several motions to dismiss, allowing cases to proceed to class certification. Litigators need to start thinking beyond the motion to dismiss.
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