Civil Procedure, Privacy

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

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

by David Marty, Tyler G. Newby | Fenwick & West LLP on 5/15/2013

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

Not So Secret - When Under Seal Isn't Enough

by Shirley Dai, Sharon Levine, Michael Savetsky | Lowenstein Sandler LLP on 5/10/2013

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite...more

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Laying Foundation for Meta Data and Websites

by Peter Bauman - Senior Associate at Tharpe &... on 5/9/2013

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

BLG Monthly Update for May 2013

by Neil Guthrie on 5/6/2013

Privacy, data breaches, texting, a bit of golf law and more in the BLG Monthly Update for May 2013...more

OCC Seeks Reconsideration Of Order Requiring Disclosure Of Non-Public Documents Related To Bank’s AML/CTF Compliance

by BuckleySandler LLP on 5/2/2013

On April 24, the U.S. District Court for the Southern District of New York stayed an order that would have required a bank to disclose non-public supervisory information subject to the bank examination privilege. Wultz v....more

Washington Supreme Court Limits Public Access to Hospital Privileging, Peer Review Documents

by Angela Galloway, Eric Stahl | Davis Wright Tremaine LLP on 4/26/2013

Public hospital districts may not disclose certain records created during closed-door meetings about hospital privileging decisions, the Washington Supreme Court recently held in Cornu-Labat v. Hospital Dist. No. 2 Grant...more

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

by Tim Banks | Dentons on 4/24/2013

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/18/2013

A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

by Amelia Gerlicher, James McCullagh | Perkins Coie on 4/17/2013

This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013...more

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

by Cecile Martin | Proskauer - Privacy & Data Security on 4/17/2013

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

by BuckleySandler LLP on 4/16/2013

On April 2, the U.S. District Court for the Northern District of Illinois certified a class of individuals who downloaded and installed tracking software created and operated by a data company and distributed by one of the...more

Public Records Law

by Mark Herron | Messer & Caparello, P.A. on 4/16/2013

Granting a motion for rehearing, the First District reconsidered its prior opinion concerning what constitutes a "student record" under the Family Educational Rights & Privacy Act (FERPA), Title 20 U.S.C. s. 1232g, and the...more

Fenwick Employment Brief - April 2013

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/16/2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

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

by Judy Selby | BakerHostetler on 4/16/2013

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

HIPAA Preemption Case – Opis Management Resources, LLC v. Florida Agency for Health Care Administration

by William Dillon | Messer & Caparello, P.A. on 4/15/2013

On April 9, 2013 the United States Court of Appeals for the Eleventh Circuit issued an opinion regarding HIPAA preemption in the case of Opis Management Resources, LLC v. Florida Agency for Care Administration. Opis...more

New Virginia Law Protects Employees' Personal Identifying Information

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 4/15/2013

Effective July 1, 2013, Virginia employers will be prohibited from releasing or communicating any personal identifying information of any current or former employee to a third party unless required by a court order, by a...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

Privacy & Cybersecurity Update - April 2013

by Joshua Gruenspecht, Ken Kumayama, Stuart D. Levi, Sigrid Neilson, Shari Piré, Pierre Servan-Schreiber | Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2013

In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more

Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing...

by Martin Dix, Julie Gallagher, Sheryl D. Rosen | Akerman Senterfitt on 4/12/2013

As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home...more

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Civil Procedure › Privacy