Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Wearable Fitness Tracking Devices
Just 18 months ago, PricewaterhouseCoopers reported that over one out of every five United States consumers currently owns some form of wearable technology. See PwC Health Research Institute, Health Wearables: Early Days, at 2. The hopes and expectations for such devices in connection with health and wellness are very high ' for example, almost half of all consumers surveyed on the issue believed that wearable technology will decrease obesity. See id. at 1. Given such high expectations, as the use of fitness trackers and other personal monitoring devices becomes more prevalent, an increase in consumer litigation over them is inevitable. Because such devices are still cutting-edge in many respects, the opportunities for unexpected manufacturing and design problems is also high. And because some of the data involved may be highly personal, the risk of privacy breach claims is certainly not zero.
Given the relatively small amount of damage that any one individual would likely suffer from these issues with respect to even the most costly of wearable devices, much of this litigation may end up in class actions. Indeed, this pattern is already emerging, as several significant class actions involving wearables have already been attempted. To date, such lawsuits have generally asserted claims for breach of warranty or for unfair and deceptive practices when the devices at issue failed to meet consumer technology expectations. As was true in what may be a parallel example of rapid consumer adoption of technology ' cellphones ' the early wearables cases already demonstrate how attention to issues such as terms and conditions of use, choice of law, and careful advertising and collateral wording will matter a great deal in the resolution of litigation.
This premium content is locked for LJN Newsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.