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: 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

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

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

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