F. Paul Pittman

F. Paul Pittman

Sedgwick LLP

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FTC Advises That Mergers Don’t Eliminate Privacy Promises of Acquired Companies

The FTC recently posted comments on its business blog about the responsibility of companies to comply with privacy representations made to prior customers on how the companies will collect, use or disclose personal...more

3/30/2015 - Change in Ownership FTC Privacy Policy Representations and Warranties

Does the E.U. “Right to be Forgotten” Pose a Threat to Companies in U.S.?

Even observed from “across the pond,” the right of European Union (“E.U.”) consumers to compel an Internet search engine to de-link specific personal information of the consumer from certain search results – the “Right to be...more

3/9/2015 - Data Protection Defamation EU First Amendment France Google Injunctions Internet Privacy Right to Be Forgotten

Illinois Federal Court Leaves AMEX to Defend TCPA Claims Based on Third Party Actions

Recently, an Illinois federal court denied American Express’ (“AMEX”) motion for partial summary judgment, finding that AMEX can be directly liable under the Telephone Consumer Protection Act (“TCPA”) for debt collection and...more

3/9/2015 - American Express Debt Collection Popular TCPA Telemarketing Third-Party Liability

Anthem Data Breach Spawns Class Action Suits and “Phishing” Scams

Last week, Anthem Inc. – the nation’s second largest health insurer – reported a data breach involving the disclosure of the personal information of over 80 million patients and employees. Plaintiffs wasted little time...more

2/12/2015 - Anthem Blue Cross Class Action Cyber Attacks Cybersecurity Data Breach Hackers Insurance Companies Personally Identifiable Information Phishing Scams Popular

Obama Sets Forth Privacy Initiatives to Federal Trade Commission

Yesterday, President Barack Obama addressed the Federal Trade Commission (FTC) and outlined his proposal for protecting and strengthening consumer and student personal data. President Obama called on Congress to support his...more

1/13/2015

Target Takes Aim at Consumers after Banks Win Opening Round

On Thursday, the attorney for Target Corporation (“Target”) made oral arguments in support of its motion to dismiss consumer claims stemming from the data breach it suffered late last year when hackers stole financial and...more

12/15/2014 - Data Breach Data Protection Motion to Dismiss Standing Target

Federal Trade Commission Shows Willingness to Credit Responsive Data Security Efforts in Exercising Enforcement Authority

In a change of pace, the Federal Trade Commission (“FTC”) recently decided not to pursue an enforcement action against Verizon Communication, Inc. (“Verizon”) following an investigation into whether Verizon violated Section 5...more

12/1/2014 - Corporate Counsel Data Protection Enforcement Actions FTC Popular Section 5 Unfair or Deceptive Trade Practices Verizon

Connecticut Supreme Court Ruling Allows Private Plaintiff to Assert Negligence Claims Based on HIPAA

Recently, the Connecticut Supreme Court ruled that a plaintiff may assert state law negligence claims against a healthcare clinic that allegedly released confidential patient health data based on the Health Insurance...more

11/17/2014 - Health Care Providers HIPAA Intentional Infliction of Emotional Distress Negligence Patient Confidentiality Breaches Subpoenas

Federal Communications Commission Steps Loudly Into Realm of Data Privacy Enforcement

Last week, the Federal Communications Commission (“FCC”) announced its entrance into the data privacy enforcement realm by issuing a $10 million fine against two telecommunications companies for failing to adequately...more

11/3/2014 - Attorney Generals Data Protection Enforcement Enforcement Actions FCC FTC Privacy Laws Privacy Policy Telecommunications Terra Telecommunications Verizon

Class Action Plaintiffs Look to Fair Credit Reporting Act for Private Relief from Data Breaches Involving Health Information

A recent class action brought against the University of Miami (“University”) previews what could become an emerging trend among plaintiffs’ class action attorneys to seek damages for the unauthorized disclosure of personal...more

8/21/2014 - Class Action Data Breach FCRA HIPAA Hospitals PHI Popular University of Miami

FTC Report Sheds Light on Dark World of Data Brokers

The Federal Trade Commission (“FTC”) recently issued a report entitled “Data Brokers: A Call for Transparency and Accountability” that identifies various concerns raised by the “Big Data” industry and provides solutions for...more

7/18/2014 - Data Brokers FTC Popular Transparency

Aereo Loses Battle with Broadcasters Over Online Television Programming

In a highly anticipated decision, the Supreme Court ruled on June 29, 2014 that Aereo Inc.’s online service that broadcasts television programming over the Internet infringed on the exclusive right of television broadcasters...more

7/18/2014 - ABC ABC v Aereo Aereo Broadcasting Copyright Copyright Infringement Public Performance Rights SCOTUS The Copyright Act

Ninth Circuit Finds Individual Performance in Film May Be Copyrightable

Recently in Garcia v. Google, 743 F.3d 1258 (9th Cir. 2013), the Ninth Circuit Court of Appeals granted an actress’ request to remove a provocative film from YouTube, because the film, in which she appeared for five seconds,...more

5/5/2014 - Actors Copyright Google Independent Films YouTube

With Nowhere to Hide, Couch Potatoes Offer Opportunity and Peril for Content Providers

The emerging home entertainment market is rife with both opportunity and peril for media and entertainment content providers. Home entertainment is increasingly provided through “Smart” devices such as Microsoft Xbox and...more

4/2/2014 - Internet Personally Identifiable Information Video Games

Green Day Leaves Street Artists Screaming

Gone are the days where live music performances consist solely of flashing lights, backup dancers and pyrotechnics. Today’s artists utilize massive video screens to coordinate descriptive images with their music. The...more

10/17/2013 - Copyright Fair Use Infringement Music Industry Trademarks Transformativeness

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed...more

4/8/2013 - Class Action Data Breach Data Collection Data Protection LinkedIn Personally Identifiable Information Standing

Toxic Tort and Environmental Law Update: January 2013 - New Jersey Supreme Court Clarifies Requisite Nexus for Liability Under...

In New Jersey Dept. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme Court held that the New Jersey Department of Environmental Protection (NJDEP) must establish, by a preponderance of the...more

1/7/2013 - Contamination Environmental Remediation Costs Groundwater Nexus NJDEP Preponderance of the Evidence Spill Act

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