Tyler G. Newby

Tyler G. Newby

Fenwick & West LLP

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Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

2/23/2017 - Actual Injuries Article III Corporate Counsel Data Breach Future Harm Identity Theft Medical Records Personally Identifiable Information Pleadings Privacy Act of 1974 Split of Authority Standing Summary Judgment Young Lawyers

Litigation Alert: Pennsylvania Court Holds Google Must Produce Emails Stored Overseas

Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants to turn over users’...more

2/7/2017 - Comity Electronically Stored Information Email Extraterritoriality Rules Google Microsoft Motion to Compel Popular Search Warrant Stored Communications Act

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

2/3/2017 - Actual Injuries Advertising Appeals Article III Corporate Counsel False Advertising Prior Express Consent Standing TCPA Telemarketing Unfair Competition Unsolicited Phone Calls

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

1/25/2017 - Appeals Article III Blue Cross Blue Shield Class Action Consumer Reporting Agencies Cookies Data Breach De Facto Injury Dismissals FCRA Health Insurance Personally Identifiable Information Pleadings Reversal Standing Statutory Rights Unauthorized Disclosure Web Browsers

Privacy Alert: NIST Updates Cybersecurity Framework to Address Supply Chain Security

Last week, the National Institute of Standards and Technology (NIST), a measurement standards laboratory in the United States Department of Commerce, released draft version 1.1 of its Framework for Improving Critical...more

1/20/2017 - Barack Obama Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework Executive Orders NIST Risk Management Supply Chain

Litigation Alert: The Seventh Circuit Limits Standing For Lawsuits Under The Fair And Accurate Credit Transactions Act

This week, in Myers v. Nicolet Rest. of de Pere, LLC, No. 16-2075 (7th Cir. Dec. 13, 2016), the Seventh Circuit narrowed standing to bring lawsuits under the Fair and Accurate Credit Transactions Act (FACTA) in holding that...more

12/19/2016 - Actual Injuries Appeals Article III Class Action Class Certification Credit Cards FACTA Predominance Requirement Privacy Laws Standing Statutory Violations

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 (IPR) Proceeding 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

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