Pokémon Go, a free iPhone and Android gaming app, was released recently and promptly followed by a media frenzy. The app is built on Niantic Inc.'s "Real World Gaming Platform" and uses GPS technology to track users' locations and allow interaction between the virtual components of the app and real-world locations. Its initial release raised both safety and also privacy concerns about the use of users' Google data, including speculation that app developers could access the personal emails of players, but the concerns were shown to be overblown. Of course, any app that collects user data can carry security risks and may raise privacy concerns, but Pokémon Go does not appear to carry any unique risks.
Among the Federal Rules of Civil Procedure is Rule 12(b)(5) which permits a defendant to file a motion to dismiss a case for insufficient service of process. Most states have a similar rule for their own courts.
A recent decision by the Second Circuit Court of Appeals should give all defendants, their lawyers and insurers pause. In Barbour, et al. v. City of White Plains, et al., the Court upheld an award of over $285,000 in attorneys fees after the defendants tendered a settlement offer of only $30,000 ($10,000 per plaintiff). Many defense attorneys, in making offers to plaintiffs, look to Fed.R.Civ.P. 68 as a shield, couching the tender as an Offer of Judgment. If the plaintiff rejects the offer and wins less (or the same) at trial, the plaintiff must pay the defendant's costs. It gives a plaintiff the potential for a financial loss should they decline and force a trial.