Tyler G. Newby

Tyler G. Newby

Fenwick & West LLP

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Litigation Alert: The Sixth Circuit Recognizes Article III Standing in Data Breach Case Despite Absence of Identity Theft...

Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more

9/20/2016 - Article III Class Action Corporate Counsel Data Breach FCRA Injury-in-Fact Insurance Industry Nationwide Insurance Co. Personally Identifiable Information Popular Standing

Litigation Alert: The Eighth Circuit Applies Spokeo to Reject Standing for Technical Violation of Privacy Statute

Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more

9/14/2016 - Article III Cable Television Providers Class Action Corporate Counsel Injury-in-Fact Personally Identifiable Information Privacy Concerns Spokeo v Robins Standing

Litigation Alert: The Ninth Circuit Limits Immunity From Negligent Failure To Warn Cases Under The Communications Decency Act

Last week, the Ninth Circuit limited the ability of websites and online services to use Section 230 of the Communications Decency Act (CDA) to shield themselves from failure to warn lawsuits arising out of the offline conduct...more

9/8/2016 - Communications Decency Act Corporate Counsel Dating Services Dating Violence Failure To Warn Internet Service Providers (ISPs) Online Communities Online Platforms Website Owner Liability Websites

[Event] Data Breaches - What To Do When Your Client Falls Victim - September 28th, Mountain View, CA

The number of data breaches has risen significantly in the past few years. More and more companies, both large and small, are having their computer networks compromised and are looking for guidance on how to respond. This...more

8/31/2016 - Cybersecurity Data Breach Events Incident Response Plans Networks Popular Risk Assessment Risk Mitigation

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

8/29/2016 - Appeals Article III Breach of Contract Class Action Corporate Counsel Dismissals Facebook Failure To State A Claim Information Sharing Injury-in-Fact Online Magazines Personal Data Privacy Policy Standing Terms of Service Unjust Enrichment

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

8/24/2016 - Cloud Computing Corporate Counsel Electronic Communications Email Manufacturers Personal Liability Private Right of Action Software Wiretap Act Wiretapping

FTC Holds That Disclosure of Sensitive Medical Information Due to Lax Security Violates the FTC Act

Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more

8/3/2016 - Actual Injuries ALJ Data Breach Data Security FTC FTC Act HIPAA HIPAA Breach LabMD p2p PHI Popular Section 5 Unfair or Deceptive Trade Practices

The Second Circuit Limits The Government’s Ability To Access Data Stored Overseas

In a case with important privacy implication for U.S. companies providing services ranging from e-mail, social networking, chat communications and remote storage, the Second Circuit Court of Appeal this week held in Microsoft...more

7/18/2016 - Cross-Border Transactions Electronically Stored Information Email Extraterritoriality Rules Microsoft Personal Data Search Warrant Stored Communications Act

Privacy Shield – A Shield worth having?

Earlier this week, the European Commission voted to formally approve the Privacy Shield—a set of principles agreed between the E.U. and the U.S. to enable certified U.S. companies to receive and process personal data from the...more

7/15/2016 - Article 29 Working Party (WP29) Data Protection Authority EU EU-US Privacy Shield European Commission FTC International Data Transfers Judicial Redress Act Model Contract Clauses Personal Data Surveillance U.S. Commerce Department US-EU Safe Harbor Framework

The Ninth Circuit Addresses the Scope of the Computer Fraud and Abuse Act

This week, the Ninth Circuit clarified the scope of the Computer Fraud and Abuse Act (CFAA) in upholding the defendant’s criminal conviction in United States v. David Nosal....more

7/11/2016 - Computer Fraud and Abuse Act (CFAA) Confidential Information Convictions Former Employee Indictments Korn/Ferry Popular Proprietary Information

Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a...more

3/16/2016 - Attorney's Fees Dismissals Disparagement EU European Commission First Amendment First Sale Doctrine General Data Protection Regulation (GDPR) Inter Partes Review Proceedings International Data Transfers Kirtsaeng v. John Wiley & Sons SCOTUS The Copyright Act USPTO

Litigation Alert: From a Safe Harbor to a Privacy Shield

The October 6, 2015, decision of the Court of Justice of the European Union in the Schrems v. Facebook case left significant uncertainty surrounding the legality and practicality of U.S. technology companies’ ability to...more

2/4/2016 - Article 29 Working Party (WP29) CJEU Data Protection EU EU-US Privacy Shield FTC International Data Transfers Personal Data Safe Harbors Schrems v Data Protection Commissioner

Litigation Alert: The CJEU's Decision on Safe Harbor and its Effects on US Technology Companies

The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies - On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking...more

10/9/2015 - Data Protection Data Protection Authority EU EU Data Protection Laws Facebook International Data Transfers NSA Personal Data Popular Privacy Policy Safe Harbors Schrems v Data Protection Commissioner Surveillance Technology Technology Sector US-EU Safe Harbor Framework

Litigation Alert: Third Circuit Permits Federal Trade Commission to Bring Unfair Practice Claim Based on Cybersecurity Practices

In a closely-watched cybersecurity case, a three-judge panel of the U.S. Court of Appeals for the Third Circuit held in Federal Trade Commission v. Wyndham Worldwide Corporation (No. 14-3514) that the Federal Trade Commission...more

9/1/2015 - Administrative Authority Cyber Attacks Cybersecurity Data Breach Data Protection Fair Notice FTC FTC Act FTC v Wyndham Popular Unfair or Deceptive Trade Practices Wyndham

Hacked Class Can Sue Pre Injury

Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more

8/3/2015 - Article III Clapper v. Amnesty International Class Action Credit Monitoring Cyber Attacks Data Breach FISA FISA Amendments Act Fraudulent Charges Free Identity Theft Protection Identity Theft Neiman Marcus Standing

Litigation Alert: FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to...

FCC Issues Controversial TCPA Order Further Expanding Definition of Autodialer, Providing Limited Protections to App Developers - On July 10, 2015, the Federal Communications Commission (“FCC”) issued a much-anticipated...more

7/16/2015 - ATDS Auto-Dialed Calls Declaratory Rulings FCC Mobile Apps TCPA Text Messages

Privacy and Information Security Alert: Federal Trade Commission Recommendations for Companies Providing Mobile Shopping...

On August 1, 2014, the Federal Trade Commission (FTC) released a report entitled What’s the Deal? An FTC Study on Mobile Shopping Apps (the FTC Report). The FTC Report is based on a study the FTC conducted (the FTC Study) to...more

8/12/2014 - Data Protection FTC Information Reports Mobile Apps Mobile Payments Mobile Privacy Popular Retailers

Litigation Alert: Supreme Court Defends Expectation of Privacy In Cell Phone Data

The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s...more

6/27/2014 - Cell Phones Evidence Fourth Amendment Law Enforcement Riley v California SCOTUS Search Warrant

Privacy Alert: California Passes Trio of New Online Privacy and Data Security Measures

In the last month, the California legislature passed and Governor Jerry Brown signed into law amendments to two of California’s signature privacy and data security laws and one new consumer privacy law aimed at enhancing...more

10/29/2013 - CalOPPA Cybersecurity Data Protection Internet Privacy Laws

FCC Changes to the Telephone Consumer Protection Act Take Effect October 16

Effective October 16, 2013, there will be significant changes to the Federal Communications Commission’s (“FCC”) rules implementing the Telephone Consumer Protection Act of 1991 (the “TCPA”), 47 U.S.C. § 227. Of particular...more

10/9/2013 - FCC Robocalling Spam TCPA Telemarketing

Privacy Alert: New COPPA Rule Effective July 1, 2013

New amendments to the Children’s Online Privacy Protection Rule go into effect today, July 1, 2013. Amongst the significant changes introduced by the new Rule, the newly expanded definition of “personal information” and new...more

7/2/2013 - COPPA Data Collection Internet New Regulations Right to Privacy Social Media

Privacy Litigation Alert: California Court Dismisses Attorney General's Mobile App Privacy Suit Against Delta, Offers Little...

A California Superior Court judge has dismissed with prejudice a privacy suit brought by California Attorney General Kamala Harris against Delta Airlines. The complaint, filed in December of 2012, alleged that Atlanta-based...more

5/15/2013 - CalOPPA Data Collection Delta Airlines Mobile Apps Mobile Privacy Mobile Privacy Disclosures Online Privacy Protection Act

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

1/21/2013 - Advertising Behavioral Advertising COPPA Data Collection FTC Internet Service Providers (ISPs) Mobile Apps Notice Requirements Parental Consent Personally Identifiable Information Safe Harbors Social Media Websites

Privacy Litigation Alert: First Lawsuit Filed Under California's Online Privacy Protection Act

The People of the State of California v. Delta Air Lines Inc., No. 12-526741 (Superior Court for the State of California, City and County of San Francisco filed Dec. 6, 2012). On Thursday, December 6, 2012, California...more

12/11/2012 - Delta Airlines Kamala Harris Mobile Apps Online Privacy Protection Act Privacy Policy

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