Judy Selby

Judy Selby

BakerHostetler

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Are you—or someone you love—a content hoarder?

Hoarding is defined clinically as embodying “a persistent difficulty discarding or parting with possessions because of a perceived need to save them.” That accumulation occurs regardless of the actual value associated with...more

9/18/2014 - Electronically Stored Information

Sixth Circuit Affirms Certification and Summary Judgment for TCPA Class, Despite State Law Class Action Prohibition

On July 9, 2014, the Sixth Circuit affirmed a district court ruling that a consumer TCPA class action could proceed against Lake City Industrial Products, rejecting Lake City’s argument that Michigan law prohibited TCPA class...more

7/15/2014 - Class Action Class Certification Summary Judgment TCPA

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

6/12/2014 - Breach of Contract Commercial General Liability Policies Infringement Trademark Litigation Trademarks

Clapper Again Stymies Data Breach Class Action

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury...more

5/19/2014 - Clapper v. Amnesty International Class Action Corporate Counsel Data Breach Data Protection Identity Theft SAIC SCOTUS TRICARE

Governing Big Data

Sources and volumes of data are growing exponentially. Website clicks, social media, sensors, and card swipers are generating massive amounts of data every second. More and more enterprises are beginning to collect and...more

3/10/2014 - Big Data Information Governance Internet Technology

The Sedona Conference Hails the Advent of Value-Based Information Governance

Information Governance (IG) is emerging as one of the most important issues confronting organizations today, particularly in this age of Big Data and data breaches. The influential Sedona Conference (Sedona) recently weighed...more

2/18/2014 - Data Protection Information Governance

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

2/17/2014 - Article III Clapper v. Amnesty International Class Action Data Breach Nationwide Insurance Co. SCOTUS Standing

Information Governance – The importance of putting your data house in order

Information is the lifeblood of businesses today. As the volume of data continues to grow exponentially, intelligent governance of information is essential for enterprises to survive and thrive. Data security concerns,...more

2/6/2014 - Cybersecurity Data Breach Data Protection

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

1/14/2014 - Advertising Class Action Commercial Insurance Policies Damages Marketing Putative Class Actions TCPA Telecommunications Unsolicited Faxes

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a...more

1/9/2014 - Class Action Confidential Information Cybersecurity Data Breach Data Protection Healthcare Injury-in-Fact Personally Identifiable Information Standing

Information Governance - 2013 in Review

2013 was the year that the term "Information Governance" or "IG" began to be widely used outside of technical circles. Despite that fact, the concept of IG is not well understood. Gartner, a premier information advisory...more

12/27/2013 - Big Data Bring Your Own Device Data Breach Data Protection Information Governance Information Management Mobile Device Management

Class Action Settlement Based on Voucher Payout Wins Preliminary Approval by California District Court

On November 5, 2013, a California federal district court preliminarily approved a revised coupon-based class action settlement agreement between plaintiffs and OfficeMax (see Order Granting Preliminary Approval of Revised...more

11/18/2013 - CAFA Class Action Settlement

Call Me, Maybe? A Nationwide Survey of Insurance Coverage for TCPA Class Actions

The Telephone Consumer Protection Act (TCPA) restricts telephone solicitations and limits the use of automatic dialing systems, prerecorded voice messages, SMS text messages, and faxes. TCPA plaintiffs typically claim that...more

10/22/2013 - Class Action Robocalling TCPA Telemarketing Texting Unsolicited Faxes

Insuring Your Company Against Cyber-Attacks

Earlier this month, the Department of Justice announced the indictment of 13 individuals associated with the hacker organization Anonymous for a widespread scheme to disrupt and shut down commercial and government websites....more

10/17/2013 - Cyber Attacks Cybersecurity Distributed Denial of Service DOJ Hackers Websites

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

10/16/2013 - Advertising Clapper v. Amnesty International Class Action Computer Fraud and Abuse Act Cookies Google Internet Invasion of Privacy Personally Identifiable Information Putative Class Actions SCOTUS Stored Communications Act Unfair Competition Wiretapping

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class...more

10/9/2013 - Advertising Commercial General Liability Policies Data Breach Data Protection PHI

Not Just Yet, Again…Class Action Plaintiff Fails in Second Bid to Access a TCPA Defendant’s Insurance Coverage

On October 7, 2013, a Missouri federal court judge held that a class action plaintiff that alleged violations of the Telephone Consumer Protection Act (TCPA) lacked standing to seek coverage under the defendant’s insurance...more

10/9/2013 - Class Action Duty to Defend Indemnification Insurers Standing TCPA

The Words Matter: No Insurance Coverage for Wage and Hour Class Action

Despite finding that the syntax in its Employment Benefits Liability (EBL) endorsement was “not the best,” a California court of appeal held that Mid-Century Insurance Company did not owe a defense or indemnity to eight car...more

10/9/2013 - Class Action Employee Benefits Employer Liability Issues Wage and Hour

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed...more

9/18/2013 - CAFA Class Action Invasion of Privacy Personally Identifiable Information ZIP Codes

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN)....more

9/6/2013 - Barnes and Noble Clapper v. Amnesty International Class Action Credit Cards Data Breach Privacy Policy SCOTUS Standing

Prior Publication Exclusion Bars Coverage for Advertising Injury Claims, Despite Continued Advertisement of Additional Allegedly...

Although the sale of its Navajo product line constituted “personal and advertising injury” within the meaning of its liability insurance policies, Urban Outfitters was not entitled to defense or indemnity for claims brought...more

8/26/2013 - Advertising Advertising Injury Copyright Exclusions Infringement Prior Art

Class Action Claim for Excessive Fees is Not Covered by Bank’s Liability Policy

A Georgia federal district court ruled on August 7th that a bank was not entitled to insurance coverage for class action claims based on its allegedly excessive overdraft fees....more

8/9/2013 - Banks Class Action Duty to Defend Fidelity Bank Indemnification Insurers Overdraft Fees

Second Circuit Rejects Strict Liability But Imposes Reasonable Care Standard on Disclosure of Personal Motor Vehicle Information

In a lengthy opinion that closely examined the legislative history of the Driver’s Privacy Protection Act (DPPA), the Second Circuit refused to impose strict liability on data brokers and resellers of personal information...more

8/6/2013 - DMV DPPA Duty of Care Motor Vehicles Strict Liability

Visa Loses Motion to Dismiss in Genesco Case - Are the Days for PCI Assessments Numbered?

In a highly anticipated decision, a federal court in Tennessee let stand a retailer’s claims against Visa for violation of California’s Unfair Competition Law (UCL) and for common law claims for unjust enrichment and...more

7/30/2013 - Data Breach Data Theft Fines Motion to Dismiss PCI Restitution Unfair Competition Unjust Enrichment Visa Inc

Defendants Must Keep Insurance Coverage Considerations in Mind When Settling Class Action Lawsuits

On July 18, 2013, a Pennsylvania appellate court held that class action defendant Cigna Corporation (Cigna) was not entitled to insurance coverage for any part of a settlement it paid to plaintiffs because Cigna did not...more

7/24/2013 - CIGNA Class Action Collective Actions HMOs Insurers RICO Settlement

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