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☆ A lawsuit accuses Bain Capital's PowerSchool of trafficking in student data. The edtech giant says everything it does is legal.
▼ + stars: | 2024-11-04 | by ( Laura Italiano | ) www.businessinsider.com time to read: +10 min

PowerSchool sells student data without parents' informed consent, a federal lawsuit alleges. Related storiesPowerSchool spokesman Austin Zerbach told BI that no PowerSchool product sells any form of student data. The public disclosures of PowerSchool say the edtech company "may" collect data such as "extracurricular program membership" and "student assessments." AdvertisementTechnology can easily re-identify anonymized student data, said Chad Marlow, senior policy counsel at the ACLU, where he focuses on privacy, surveillance, and technology issues. "No PowerSchool product, including Connected Intelligence P20W, sells any form of student data," the spokesman said.

Persons: PowerSchool, —, It's, Emily Cherkin, Cherkin, Hardeep Gulati, PowerSchools, Austin Zerbach, Zerbach, it's, — they're, Julie Liddell, Chad Marlow, Marlow, Liddell, James Donato, PowerSchool's Bain, The Bain Organizations: Service, Bain Capital, PowerSchool, Technology, ACLU, Data Systems, US, Apple, Vista Equity Partners, Vista Equity, Onex Partners, NYSE, The, KKR, Co, Instructure Holdings, Inc Locations: San Francisco, Seattle, Folsom , California, Boston, Austin , Texas, Salt Lake City

☆ Judge's ruling against Google in Epic Games case highlights a shift in antitrust law
▼ + stars: | 2024-10-09 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +6 min

A law professor said the ruling shows how antitrust law is used against Big Tech companies. Management and law experts told Business Insider the ruling highlights how antitrust law is being used against Big Tech companies — and could cost Google billions of dollars in lost revenue. Historically, he said, liberal judges tended to favor antitrust law more than conservative ones. When Epic Games' case against Apple was similarly appealed, the Supreme Court denied requests to hear it, leaving Apple with its partial victory. AdvertisementRepresentatives for Epic Games directed Business Insider to a public thread about the Google ruling, posted on X by the company's CEO, Tim Sweeney.

Persons: —, James Donato's, Peter Cohan, Cohan, Apple, Yvonne Gonzalez Rogers, Eric Chaffee, Chaffee, Alden Abbott, Abbott, Tim Sweeney, Sweeney Organizations: Google, Apple, Big Tech, Service, Management, Epic Games, Northern, Northern District of, Babson College, Case Western Reserve University School of Law, Epic, DOJ, Business, Mercatus Center Locations: California, Northern District, Northern District of California, United States

☆ Google ordered to open Android app store in Epic Games trial
▼ + stars: | 2024-10-07 | by ( Kif Leswing | ) www.cnbc.com time to read: +3 min

A U.S. judge issued a permanent injunction on Monday that will force Google to offer alternatives to its Google Play store for downloading apps on Android phones. Google will also be restricted from paying fees or sharing revenue with companies in exchange for them choosing not to compete with Google's app store. The Fortnite maker accused Google of anti-competitive practices, including paying hardware companies and Android phone makers to not develop competing app stores. Epic Games prevailed over Google late last year, and Monday's filing details the changes Google has to make. Epic Games mostly lost in a very similar suit against Apple and its control of the App Store.

Persons: Judge James Donato, Apple's, Tim Sweeney, Sweeney Organizations: Epic, Google, Games, Epic Games, Apple Locations: Los Angeles, U.S, California

Google CEO Sundar Pichai on Tuesday was summoned to federal court for the second time in two weeks to testify in an antitrust trial threatening to topple a pillar of an internet empire that he helped build. In his latest court appearance in San Francisco, Pichai spent more than two hours defending the business practices of the Google Play Store, which distributes apps for the company's Android software that powers most of the world's smartphones. Evidence submitted during Pichai's Tuesday testimony showed just how lucrative the Play Store has been for Google. During the first half of 2020, for instance, the Play Store generated an operating profit of $4.4 billion. “The way we designed Google Play is we do well only when developers do well,” Pichai said.

Persons: Sundar Pichai, Pichai, Department's, Lauren Moskowitz, District Judge James Donato, Donato, Moskowitz, Apple, ”, specter, ” Pichai Organizations: Google, Apple, Washington D.C, ., District, Samsung, Android, U.S, Supreme Locations: San Francisco, Washington, iPhones, U.S

The case targeting Google's Play Store is being brought by Epic Games, the maker of the popular Fortnite video game, which lost in a similar 2021 trial focused on many of the same issues in Apple's iPhone app store. Match is receiving $40 million and adopting Google's “user choice billing" system in its settlement. The terms of the resolution with the state attorneys general is expected to be revealed during Google's trial with Epic. Epic CEO Tim Sweeney skewered the “user choice billing” option as a sham in a social media post vowing to fight Google in court. Wilson White, Google's vice president of government affairs and public policy, accused Epic of trying to get “something for nothing” in a blog post.

Persons: District Judge James Donato, Sundar Pichai, Pichai, Google’s, U.S . Justice Department’s, Donato, Google's, Tim Sweeney skewered, Sweeney, Wilson White, White, ” Organizations: FRANCISCO, Google, Epic Games, Apple, U.S, Supreme, Android, District, Inc, Washington D.C, U.S ., Match Group Locations: San Francisco federal, U.S, Washington

☆ 'Fortnite' maker Epic Games is battling Google in court over app-store fees 2 years after largely losing a similar case against Apple
▼ + stars: | 2023-11-06 | by ( Associated Press | ) www.businessinsider.com time to read: +5 min

A jury will decide if Google Play has been illegally driving up prices for consumers and developers. Epic Games, the maker of the popular "Fortnite" video game, brought the case against Google. Google recently resolved a case being pursued by the owner of Tinder and other online dating services. AdvertisementAdvertisementThe case targeting Google's Play Store is being brought by Epic Games, the maker of the popular "Fortnite" video game, which largely lost in a similar 2021 trial focused on many of the same issues in Apple's iPhone app store. The terms of the resolution with the state attorneys general is expected to be revealed during Google's trial with Epic.

Persons: —, District Judge James Donato, Sundar Pichai, Pichai, Google's, U.S . Justice Department's, Donato, Tim Sweeney skewered, Sweeney, Wilson White, White Organizations: Epic, Google, Service, U.S, District, Inc, Washington D.C, U.S ., Epic Games, Apple, Supreme, Android, Match Group Locations: San Francisco federal, Washington, U.S

☆ Alphabet, Match settle Google Play antitrust claims before US trial
▼ + stars: | 2023-10-31 | by ( Mike Scarcella | Companies Need To Integrate Climate Reporting Across Functions To Comply With California S New Law | Henry Engler | ) www.reuters.com time to read: +2 min

REUTERS/Annegret Hilse//File Photo Acquire Licensing RightsOct 31 (Reuters) - Alphabet (GOOGL.O)'s Google has settled claims by dating app developer Match Group that it monopolized Android app distribution with its Play Store, leaving “Fortnite” maker Epic Games as the sole plaintiff in an antitrust trial against Google set to begin Nov. 6. Match said in a filing in San Francisco federal court on Tuesday that it had resolved its allegations against Google. In a statement, Google said it was “pleased to reach a settlement agreement with Match Group.” Google also recently settled related antitrust claims from U.S. states and consumers for undisclosed terms. Epic and Match accused Google of maintaining an unlawful monopoly in the distribution of Android apps. Google is separately facing U.S. and state antitrust allegations in other U.S. courts over its advertising technology business and its dominance in the web search industry.

Persons: Annegret, “, District Judge James Donato, Tim Sweeney, Mike Scarcella, David Bario, David Gregorio Our Organizations: Google, Arena, REUTERS, Epic, Match, U.S, District, Apple, Thomson Locations: Berlin, Germany, San Francisco federal, U.S, San Francisco

☆ US judge set to decertify Google Play class action
▼ + stars: | 2023-08-28 | by ( ) edition.cnn.com time to read: +1 min

CNN —A US judge plans to free Google from having to defend against a class action by 21 million consumers who claimed it violated federal antitrust law by overcharging them in its Google Play app store. Monday’s decision by US District Judge James Donato in San Francisco could significantly reduce damages that Google, a unit of Alphabet, might owe over the distribution of Android mobile applications. The judge said he couldn’t decertify the class immediately because Google had been appealing his November order. The class action included consumers from 12 US states and five territories, who were not part of a similar case against Google brought by various state attorneys general. The case is In re Google Play Store Antitrust Litigation, US District Court, Northern District of California, No.

Persons: overcharging, James Donato, Donato, couldn’t Organizations: CNN, Google, US, Consumers, District of Columbia, Epic, Court, Northern District of Locations: San Francisco, Northern District, Northern District of California

A trial in the copyright infringement case had been set to begin on Monday. YouTube and Schneider agreed to end the case with prejudice, which means it cannot be refiled. YouTube denied the allegations and said it goes "above and beyond" to protect copyrights. In a win for YouTube, U.S. District Judge James Donato last month refused to certify the lawsuit as a class action. The case is Schneider v. YouTube LLC, U.S. District Court for the Northern District of California, No.

Persons: Maria Schneider, Schneider's, Schneider, District Judge James Donato, Joshua Schiller, Philip Korologos, Boies Schiller, George Zelcs, Stephen Tillery, David Kramer, Wilson Sonsini Goodrich, Rosati Read, Blake Brittain Organizations: YouTube, Schneider's San, District, Northern, Northern District of, Thomson Locations: Schneider's San Francisco, infringers, U.S, Northern District, Northern District of California, Washington

In the data privacy case, Google has said its Chrome browser users consented to the company's data collection. The sanction in the data privacy action is not the first time Van Keulen has punished Google in the same case. The new sanctions order and the prior one from May 2022 addressed internal Google evidence concerning consumer use of the company's private browsing mode. Google, according to the judge's order, will be barred from relying on certain employee witnesses in the case. Van Keulen also said Google must pay fees associated with two experts working for the plaintiffs, and must also pay a $79,000 fine.

☆ Federal judge rules Google tried to ‘hide the ball’ by deleting chat logs in a big antitrust case
▼ + stars: | 2023-03-29 | by ( Brian Fung | ) edition.cnn.com time to read: +2 min

Washington CNN —Google intentionally sought to “hide the ball” in a high-profile antitrust case by automatically deleting employee chat messages that could have been used as evidence in the suit, a federal judge ruled Tuesday, dealing a blow to the tech giant. But Donato repeatedly criticized Google this week for trying to keep sensitive chat logs out of the record. The Justice Department has filed a similar sanctions motion against Google in an ongoing antitrust suit over Google’s search business. Though that case is unfolding in a different federal court, Donato’s ruling Tuesday could give other courts more ammunition to reach the same conclusion. “We’ll continue to show the court how choice, security, and openness are built into Android and Google Play.”

U.S. District Judge James Donato in San Francisco said in his order that Google "fell strikingly short" in its duties to preserve records. Separately, the plaintiffs will have a chance to urge Donato to tell jurors that Google destroyed information that was unfavorable to it. The lawyers said Google was deleting chat records every 24 hours and "did so even after this litigation commenced." Google is separately fighting claims in a U.S. Justice Department antitrust case in Washington, D.C., federal court of destroyed chat records. The case is In re Google Play Store Antitrust Litigation, U.S. District Court, Northern District of California, No.

Google should be sanctioned for failing to preserve chat messages between employees related to an antitrust case brought by Epic Games, a federal judge in California ruled on Tuesday. The company "adopted a 'don't ask, don't tell' policy for keeping messages, at the expense of its preservation duties," the judge said in the filing. A Google spokesperson said at the time of the DOJ's filing that it disagrees with the DOJ's claims. Epic alleged that Google failed to retain chat messages between employees that it should have preserved while under a litigation hold. Exhibits presented by Epic seem to show that Google employees saw chats as a less formal way to communicate.

☆ DOJ alleges Google destroyed chat messages that it was required to save during antitrust investigation
▼ + stars: | 2023-02-23 | by ( Lauren Feiner | ) www.cnbc.com time to read: +5 min

According to the DOJ, Google should have adjusted its defaults in mid-2019, "when the company reasonably anticipated this litigation." Meanwhile, DOJ alleged, Google "falsely" told the government it had "'put a legal hold in place' that 'suspends auto-deletion.'" The alleged issue is one that previously came up in Epic Games' antitrust litigation against Google. The DOJ alleged that even after Epic confronted Google about the chat deletion concerns in that case, Google still withheld its deletion policy from the federal government "and continued to destroy written communications in this case." Scallen said that if Google "didn't give clear directions to retain" relevant chats "this notion that they left it to the individuals, that's just not responsible."

The case involves a group of consumers who contend Facebook exploited user data to maintain its market power. Representatives for Quinn Emanuel and Facebook declined to comment, and a spokesperson for Hagens Berman did not immediately respond to a message seeking comment. Scarlett in recent court filings said Quinn Emanuel was not respecting her view as a leading antitrust attorney based on her gender. Quinn Emanuel denied the claim, saying it has "worked very hard to be cooperative with all counsel on the case, including female counsel." Donato started the appointment process from scratch in January amid quarreling between Seattle-based plaintiffs' firm Hagens Berman and 900-lawyer Quinn Emanuel.

"While we disagree with the allegations in this case, we are pleased to have resolved this legacy issue," a Wells Fargo spokesperson said in a statement. Wells Fargo disclosed in July 2017 that hundreds of thousands of customers had been unnecessarily charged for "collateral protection insurance," which covers auto lenders when borrowers are uninsured. The bank also concealed auto insurance issues from the U.S. Senate Banking Committee in November 2016, the investors alleged. Wells Fargo settled an auto borrower class action in 2019 for $386 million without admitting wrongdoing. In 2018, Wells Fargo agreed to pay $1 billion to U.S. regulators to settle probes of its auto insurance and mortgage practices.

Part of the clash included a Hagens Berman partner accusing Quinn Emanuel of discounting her views based on her gender. Quinn Emanuel denied the allegation, calling it a "mystery." The two law firms on Friday night submitted their pitches to Donato about why he should appoint them solely rather than jointly to lead the consumer class. A representative from Hagens Berman did not immediately comment, and a Quinn Emanuel spokesperson declined to comment. Hagens Berman and Quinn Emanuel have been on opposite sides in other cases.

☆ Laid-off Twitter workers have been forced to drop their class-action lawsuit demanding more severance pay
▼ + stars: | 2023-01-16 | by ( Grace Dean | ) www.businessinsider.com time to read: +4 min

The five laid-off workers had signed arbitration agreements agreeing not to bring suits against Twitter. "Twitter provided signed copies of the agreements, and they are all clear and straightforward," Donato wrote in the order. Since Elon Musk took ownership of the company in late October, Twitter has laid off thousands of workers. Shannon Liss-Riordan, the attorney representing the laid-off Twitter workers, did not immediately respond to Insider's request for comment, made outside of regular working hours. She said that she had already filed 500 individual arbitration demands, with more to come.

☆ Twitter’s laid-off workers cannot pursue claims via class-action lawsuit, judge says
▼ + stars: | 2023-01-15 | by ( ) edition.cnn.com time to read: +2 min

Twitter (TWTR) has secured a ruling allowing the social media company to force several laid-off workers suing over their termination to pursue their claims via individual arbitration rather than a class-action lawsuit. US District Judge James Donato on Friday ruled that five former Twitter employees pursuing a proposed class action accusing the company of failing to give adequate notice before laying them off after its acquisition by Elon Musk must pursue their claims in private arbitration. Donato granted Twitter’s request to force the five ex-employees to pursue their claims individually, citing agreements they signed with the company. The lawyer who represents the plaintiffs, Shannon Liss-Riordan, said on Monday that she had already filed 300 demands for arbitration on behalf of former Twitter employees and would likely file hundreds more. Those workers all claim they have not received the full severance package promised by Twitter before Musk took over.

☆ Twitter's laid-off workers cannot pursue claims via class-action lawsuit, judge rules
▼ + stars: | 2023-01-15 | by ( ) www.cnbc.com time to read: +2 min

Twitter Inc has secured a ruling allowing the social media company to force several laid-off workers suing over their termination to pursue their claims via individual arbitration than a class-action lawsuit. Donato granted Twitter's request to force the five ex-employees to pursue their claims individually, citing agreements they signed with the company. The lawyer who represents the plaintiffs, Shannon Liss-Riordan, said on Monday that she had already filed 300 demands for arbitration on behalf of former Twitter employees and would likely file hundreds more. Those workers all claim they have not received the full severance package promised by Twitter before Musk took over. The judge said that before asking workers to sign severance agreements waiving their ability to sue the company, Twitter must give them "a succinct and plainly worded notice".

☆ Twitter's laid-off workers asked to drop lawsuit over severance, judge rules
▼ + stars: | 2023-01-14 | by ( ) www.reuters.com time to read: +2 min

Jan 14 (Reuters) - Twitter Inc has secured a ruling allowing the social media company to force several laid-off workers suing over their termination to pursue their claims via individual arbitration than a class-action lawsuit. Donato granted Twitter's request to force the five ex-employees to pursue their claims individually, citing agreements they signed with the company. The judge said that before asking workers to sign severance agreements waiving their ability to sue the company, Twitter must give them "a succinct and plainly worded notice". Twitter laid off roughly 3,700 employees in early November in a cost-cutting measure by Musk, and hundreds more subsequently resigned. Reporting by Mrinmay Dey in Bengaluru and Nate Raymond in Boston, Editing by Angus MacSwanOur Standards: The Thomson Reuters Trust Principles.

Twitter laid off roughly 3,700 employees in early November in a cost-cutting measure by Musk, the world's richest person, and hundreds more subsequently resigned. The lawsuit says Twitter failed to give the 60 days notice required by federal and California laws before engaging in mass layoffs. Donato in the ruling said asking workers to waive legal claims against Twitter without telling them about the lawsuit would be misleading. Twitter had agreed not to seek releases from laid-off workers pending Donato's decision. The lawsuits accuse Twitter of failing to give contract workers notice before laying them off and discriminating against women and employees with disabilities.

☆ Former employees suing Twitter over layoffs score an early victory
▼ + stars: | 2022-12-15 | by ( Clare Duffy | ) edition.cnn.com time to read: +3 min

New York CNN —A group of former employees suing Elon Musk’s Twitter scored an early win Wednesday when a judge ordered the company to inform any laid-off staffers of the pending lawsuit. The order may be an early indication that the judge could be sympathetic to the employees’ argument. He later pushed out additional employees, asking remaining workers to agree to an ultimatum to work “hardcore” or leave the company. The others include complaints related to alleged disability and gender-based discrimination, as well as a suit on behalf of Twitter contractors who were laid off. The employees are seeking unspecified monetary damages, as well as a ruling that Twitter violated the California and federal WARN Acts requiring advanced notice of mass layoffs.

The class members are Google Play Store individual consumers in 12 states, including Ohio, Michigan and Georgia, in addition to American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands. The plaintiffs' lawyers in the newly certified class action are jointly working with those state enforcers. Google has defended its Play Store business practices, denying the claims in the case before Donato and others. In arguing against class-action certification, attorneys for Google said the plaintiffs failed to show how they were harmed, an argument that Donato rejected. The class attorneys allege among other things that Google prohibited app developers from steering customers to competitors and used "misleading warnings to deter customers from downloading apps outside the Google Play Store."

Circuit Court of Appeals in a filing that the ban from Twitter marked "overtly partisan censorship" and was "contrary to First Amendment principles deeply rooted in American history and law." His lawsuit seeks compensatory and punitive damages and a court order requiring Twitter to "immediately reinstate" his account that was permanently suspended on Jan. 8, 2021. A spokesperson for Trump did not immediately respond to a message seeking comment, and a Twitter spokesperson did not immediately reply. A lawyer for Trump, John Coale in Washington, told Reuters on Monday, "We want him to have the right to get back on" to Twitter. Donato also denied Trump's claim that Twitter was serving as a "state actor" when it banned his account.

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