Until recently, Utah’s Notice of Intent to Sell Nonpublic Personal Information Act (UNISNPIA) had not been on the national privacy radar. However, a string of recent lawsuits has made clear it is a law of which companies...more
As highlighted in the Data Security Incident Response Report, government entities such as universities, medical centers, public utilities and transportation services companies have become highly sought-after targets of cyber...more
10/17/2023
/ Civil Liability ,
Cyber Attacks ,
Cyber Incident Reporting ,
Data Breach ,
Data Security ,
Government Agencies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Facilities ,
Personally Identifiable Information ,
PHI ,
Popular ,
Privacy Laws ,
Public Utility ,
Sovereign Immunity ,
State Privacy Laws ,
Universities
As discussed in the 2023 Data Security Incident Response Report, over the past several years a wave of lawsuits was brought alleging violations of customers’ right of publicity based on the sale of customer mailing lists. The...more
Courts across the United States continue to grapple with California’s landmark consumer privacy law, the California Consumer Privacy Act (CCPA). While the contours of this law are being litigated on multiple fronts, one...more
Since the Jan. 1, 2020 kickoff for private enforcement under the California Consumer Privacy Act (CCPA), plaintiffs have filed scores of class actions invoking the CCPA. Such claims, when properly made, present substantial...more
Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key...more
Our Digital Assets and Data Management teams have been tracking all aspects of the CCPA, so when Fuentes v. Sunshine Behavioral Health Group, LLC (Case No. 8:20-cv-00487, Central District of California) was filed on March 10,...more
3/16/2020
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws
As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way...more
Subject to certain exceptions, the California Consumer Privacy Act (CCPA) provides a private right of action to “[a]ny consumer whose nonencrypted and nonredacted personal information … is subject to an unauthorized access...more
Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more
In January 2018, Colorado legislators sponsored a bill that, if passed, will change the state’s existing data breach reporting laws in important ways. A House Committee Report detailing the current version of the bill can be...more
Please join BakerHostetler’s Class Action Defense Team along with Kurtzman Carson Consultants (KCC) LLC, RicePoint Administration Inc. and Affleck Greene McMurtry LLP for “Cross-Border Data Breach Litigation Settlements,” on...more
On March 31, 2017, the D.C. Circuit entered its ruling in the closely watched Yaakov v. FCC case, holding that the Federal Communications Commission (FCC) had exceeded the authority given to it by Congress when it promulgated...more
On March 31, 2017, the D.C. Circuit struck down FCC regulations requiring that solicited fax advertisements include opt-out notifications, holding that the TCPA did not grant the FCC the authority to impose such a requirement...more
On Friday, in a split decision, the United States Court of Appeals for the District of Columbia Circuit entered its long-awaited ruling in Yaakov v. Federal Communications Commission, holding that “the FCC’s 2006 Solicited...more
By its express terms, the Telephone Consumer Protection Act (TCPA) applies only to unsolicited faxes. 47 U.S.C. § 227(b)(1)(C) & (a)(5). However, in May 2006, the FCC promulgated new rules concerning fax advertisement...more
Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more
Companies in regulated markets, such as insurance and energy, are increasing litigating issues surrounding the “filed rate doctrine,” or in other words, whether they can be sued in a class action where the remedy sought...more
Responding to an invitation to text can satisfy TCPA’s Express Consent Requirement -
In a Telephone Consumer Protection Act (TCPA) putative class action against Coca-Cola and its marketing agent, a Northern District of...more
The Ninth Circuit recently issued a divided and unpublished opinion in Young v. Hilton Worldwide Inc. et al, which plaintiffs may attempt to use in class action lawsuits against call centers for violations of the California...more
The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the...more
In Mississippi ex rel. Jim Hood v. AU Optronics Corp., Case No. 12-1036 (U.S. Jan. 14, 2014), the United States Supreme Court reversed the Fifth Circuit’s decision and held that a statewide antitrust lawsuit brought by the...more
In Suriel v. Comm’r, 141 T.C. No. 16 (Dec. 4, 2013), the Tax Court ruled that, under the specific facts in this case, the economic performance rules under IRC Section 461(h), permitting a tax deduction for certain liabilities...more
On Monday, a New Jersey federal judge denied a motion to dismiss for lack of standing in a deceptive marketing class action in which the named plaintiffs had not purchased a number of the named products. This decision...more
The District of Nevada recently allowed Plaintiff’s counsel to solicit potential collective action members on Facebook and Twitter. In Gamble v. Boyd Gaming Corp., D. Nev., No. 2:13-cv-01009-JCM-PAL (Nov. 20, 2013), the...more