Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more
5/13/2022
/ Advisory Committee ,
Artificial Intelligence ,
Biometric Information Privacy Act ,
Class Action ,
Connecticut ,
Data Privacy ,
Digital Services ,
Electronically Stored Information ,
Employee Tracking ,
EU ,
False Claims Act (FCA) ,
GINA ,
Personal Data ,
State Privacy Laws ,
Stored Communications Act ,
U.S. Commerce Department
On November 10, the United Kingdom (U.K.) Supreme Court issued a decision in Lloyd v. Google LLC, UKSC2019/0213 (Supreme Court of the United Kingdom), recognizing that the loss of control of personal data by consumers alone...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...more
While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more
8/18/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
The Court’s discussion of concrete injuries likely applies to other statutory consumer class actions based solely on technical violations.
On May 16, the U.S. Supreme Court issued its much-anticipated decision in Spokeo,...more
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more
6/15/2015
/ Breach of Contract ,
Class Action ,
Data Breach ,
Data Security ,
Duty of Care ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
Target
The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions.
On March 25, the Philadelphia Court of Common Pleas provided...more
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more
11/26/2014
/ Breach of Contract ,
Class Action ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Private Right of Action