Civil Procedure Privacy

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Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

TCPA Connect - November 2014

Ruling on ATDS Capability, California Court Dismisses TCPA Suit - Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system...more

Federal Trade Commission Announces Settlement with TRUSTe Over Privacy Seal Program

On November 17, 2014, the Federal Trade Commission (FTC) announced a settlement with True Ultimate Standards Everywhere (TRUSTe) resolving allegations that TRUSTe failed to conduct annual recertifications for its privacy seal...more

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Texas Supreme Court weekly orders (11/14)

In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more

NTSB Finds That Drones Are “Aircraft” Under Federal Law

Order reverses an earlier ruling by an Administrative Law Judge in a closely watched case that challenged the FAA’s authority to regulate drones - On November 18, 2014, the National Transportation Safety Board (NTSB)...more

Boards Should Put Time and Resources into Cybersecurity Issues – It Is Good for Business and Works as a Defense Strategy

We have previously blogged about Commissioner Aguilar’s recommendations at a NYSE conference, “Cyber Risks and the Boardroom” on what boards of directors should do to ensure that their companies are appropriately considering...more

Disputants Await Clarification of Mediation Privilege’s Boundaries

Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement...more

Connecticut Supreme Court Ruling Allows Private Plaintiff to Assert Negligence Claims Based on HIPAA

Recently, the Connecticut Supreme Court ruled that a plaintiff may assert state law negligence claims against a healthcare clinic that allegedly released confidential patient health data based on the Health Insurance...more

Connecticut Supreme Court Overturns HIPAA-Based Dismissal of State Law Privacy Claims

On Tuesday, November 4, 2014, the Connecticut Supreme Court announced its decision to overturn a trial court’s determination that a plaintiff could not bring state common law claims for negligence and negligent infliction of...more

Responding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims

Healthcare providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and...more

A Recent State Supreme Court Ruling Opens the Door for Breach of Privacy Claims Against Health Care Providers

It has long been established that there was no private right of action with regard to HIPAA. All providers must be aware that state courts are beginning to turn the tide regarding such liability. On November 11, 2014, the...more

Connecticut Supreme Court Recognizes Right to Sue for Negligence Using HIPAA as Standard of Care

In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more

California Health Care Providers Successfully Ward Off Data Breach Lawsuits

In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically...more

Could Your Client’s Choice Of Service Provider Jeopardize The Attorney-Client Privilege?

Most of us realize that we give up a certain amount of privacy when we use Gmail or other providers that serve ads based on the contents of our email messages. But we probably aren’t in the habit of reading our service...more

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more

Specialized Cyber Liability Insurance Policies Proliferate as General Liability Insurers Refuse Coverage for Data Breaches

Travelers Indemnity Company filed an action this month in the United States District Court for the District of Connecticut for a declaratory judgment that it is not obligated to defend or indemnify its policyholder, P.F....more

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

Lawsuit against LinkedIn Latest in Battle over Use of Big Data in Employment

Following up on a topic discussed recently in this space, a class action filed last month against LinkedIn represents just the latest development in the burgeoning battle over defining the permissible and impermissible uses...more

Avoid a Class Action Lawsuit Landing in Your Holiday Stocking

The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more

Judge Posner’s Scathing Critique of a Proposed Coupon Settlement

The topic of potential self-dealing in class action settlements has been written about extensively. While class counsel may be fully aligned with the class in seeking to maximize the settlement, their interests diverge...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,...more

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