Erica Gann Kitaev

Erica Gann Kitaev

BakerHostetler

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Isn’t E-Discovery Hard Enough Without the Internet of Things?

This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here…. The...more

2/26/2014 - Corporate Counsel FTC Internet Internet of Things

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

1/15/2014 - Apple Bailments Blizzard Entertainment Inc Computer Fraud and Abuse Act Cookies Cybersecurity Data Breach Data Protection Electronic Communications Google Healthcare Professionals HIPAA Internet Privacy Liability Medical Records Privacy Concerns Privacy Policy Stored Communications Act

Class Action – Damages and Class Treatment – 2013 Year in Review

In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

1/9/2014 - Class Action Class Certification Damages Data Breach Data Protection Hannaford v comScore Putative Class Actions Stored Communications Act

Privacy Class Action – Article III Standing – 2013 Outlook

For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. Several key decisions addressed the issue in...more

1/8/2014 - Article III Class Action Invasion of Privacy Right to Privacy

FTC Releases Complaint Alleging LabMD Failed to Protect Consumer Privacy

In August 2013, the Federal Trade Commission filed a petition in federal court to investigate Atlanta based medical testing laboratory LabMD, Inc. on suspicion that the company failed to reasonably protect the security of...more

9/23/2013

Court Denies Motion for Class Certification in Hannaford

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

4/5/2013

China Adopts Privacy Legislation Strengthening Online Personal Data Protection

China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information....more

1/8/2013 - China Data Protection Internet Internet Privacy Protection Acts ISPs Personally Identifiable Information Privacy Policy

Privacy Class Actions: Year-in-Review

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more

1/7/2013 - Class Action Data Breach PHI Standing Statutory Damages TCPA

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