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Seventh Circuit Denies 26(f) Relief Allowing A Potentially Massive Privacy Class to Proceed to Trial in Harris v. comScore

As reported here in April, an Illinois federal district court certified a privacy class that could number tens of millions of plaintiffs in the case of Harris v. comScore....more

6/12/2013 - CFAA Class Action Class Certification Electronic Communications Harris v comScore Internet Privacy Stored Communications Act

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies. Standard Mut. Ins. Co. v....more

6/4/2013

Cyber Criminals' Menu Features the Food & Beverage Industry; Steps to Protect Your Business

2012 was a challenging year for the Food and Beverage (F&B) industry. In addition to increased government regulation, rising food prices and relatively slow growth trends, the industry once again was a favorite target of...more

5/24/2013 - Cyber Insurance Cybersecurity Data Breach Data Protection Franchise Agreements Franchises Notice Requirements Risk Management

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more

5/21/2013 - Class Action Class Certification Copyright Infringement YouTube

Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants

Although the Supreme Court continues to set the bar for class certification higher and higher, plaintiffs’ attorneys continue to file class action lawsuits of questionable merit. The litigation costs required to gain...more

5/8/2013 - Class Action Class Certification Insurers Litigation Insurance

20 Million Reasons Why Class Action Defendants Need to Read Their Insurance Policies Closely

As previously noted in a recent blog post, defendants should immediately evaluate their insurance coverage upon receipt of a class action complaint. But as one defendant recently discovered the hard way, that evaluation must...more

4/29/2013 - Class Action Duty to Defend Insurers Notice Requirements

Insurance Coverage for Class Action Lawsuits

Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.” The same can be said about class action lawsuit filings after the...more

4/19/2013 - Class Action Commercial General Liability Policies Data Breach FCPA Liability Insurance Securities Wage and Hour

Hannaford vs. comScore—Up and Down Results for Privacy Class Action Defendants

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs' lawyer to be more than a million...more

4/16/2013 - Class Action Class Certification Commonality Data Protection Hannaford Brothers Company Hannaford v comScore Personally Identifiable Information Unjust Enrichment

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

4/10/2013 - Class Action Class Certification Data Collection Data Protection Hannaford v comScore Personally Identifiable Information Unjust Enrichment

Healthcare Organizations are Suffering from Serious Data Security Ills

The diagnosis is in, and its not good. Unless an aggressive treatment plan is put in place, the prognosis will be just as bleak. On December 6, 2012, the Ponemon Institute issued its Third Annual Benchmark Study on...more

12/10/2012 - Data Protection HIPAA HITECH

It's Raining PII in New York

On November 25, 2012, the front page of the New York Post blasted the headline, “Drop Secret. Shred Alert! Covert cop files used as parade confetti.” The Post reported that shredded files appearing to contain material from...more

11/26/2012

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