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In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more
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
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
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
In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more
On March 20, 2013, the United States District Court for the District of Maine denied a motion brought by plaintiffs in In re Hannaford Brothers Company Data Security Breach Litigation that would have allowed the suit to...more
The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more
In Kniss v. The Privacy Commissioner of Canada, the Federal Court concluded that an investigative decision by the Office of the Privacy Commissioner of Canada (OPC) should not be the subject of judicial review because the...more
During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more
AllianceBernstein L.P. v Atha, 2012 N.Y. App. Div. LEXIS 7693 (N.Y. App. Div. 1st Dep’t Nov. 15, 2012). On November 15, 2012, the New York Appellate Court for the First Department held in AllianceBernstein L.P. v. Atha...more
On October 11, the U.S. District Court for the Southern District of California held that the plaintiffs in a consolidated data breach class action have plead sufficient harm to satisfy Article III’s injury-in-fact requirement...more
It's not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a...more
Class action plaintiffs asserting claims against Sony in connection with the 2011 Sony PlayStation Network (“PSN”) data breach face permanent dismissal of their claims unless they can allege actual losses resulting from the...more
Addressing a purported class action filed after laptops containing health care patients’ private data were stolen, the Eleventh Circuit recently issued one of its more consumer-friendly class action decisions, Resnick v....more
In This Issue: *9th Circuit Rejects $10.6M Settlement in Kellogg False Claim Suit *Court Tosses LinkedIn Suit – Again *Actions Can Imply Consent in Publicity Rights Suits, Court Says Consumer Awareness of...more
A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power...more
The United States Court of Appeals for the First Circuit has opened the door to increased liability for banks when hackers make fraudulent withdrawals....more
On July 3, the U.S. Court of Appeals for the First Circuit became the first federal appellate court to address the issue of bank liability for the loss of customer funds resulting from a breach of a bank’s cyber security,...more
On July 3, 2012, Orange County Superior Court Judge Nancy Wieben Stock issued a ruling dismissing a California “Shine the Light” consumer protection law case without leave to amend, making it the first “Shine the Light” case...more
Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court. In her complaint, a...more
Recently, the United States Court of Appeals for the Seventh Circuit issued a decision in Soppet v. Enhanced Recovery Company that could effectively impose strict liability for violations of the Telephone Consumer Protection...more
In This Issue: PMA To Be Represented by Manatt Partner Linda Goldstein on FTC Panel; Manatt Partner Jeff Edelstein to Lead CLE Privacy Law Webinar Session; Thanks to the FTC, Defendants Won’t “Get Rich Quick” on...more
News media have paid significant attention to court orders requiring production of relevant documents from Facebook and social media sites in the course of litigation. As described in my recent post, the Ontario Information...more
Any company that stores or processes consumers’ personal information is at risk of suffering a data breach — and, potentially, defending a class action lawsuit. Class actions based on data breaches are increasingly common and...more
?Employers are increasingly asking (or requiring) applicants or employees to provide their Facebook password or other social media account log-in credentials so the employer can review non-publicly available content for...more
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