Civil Procedure Privacy Communications & Media

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Status Updates - July 2014 #6

..A St. Louis juror’s use of Google to learn something about punitive damages during a trial, while qualifying as “knucklehead misconduct,” was not a sufficient basis for overturning the jury’s verdict, a judge has held...more

Ninth Circuit Rules That Redbox's Collection of Customer ZIP Codes Falls Under "Deposit" Exception to California's Song-Beverly...

In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's...more

Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification

Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the...more

California District Court Denies Certification of Putative Class of Plaintiffs Alleging Violations of the Video Privacy Protection...

The U.S. District court for the Northern District of California denied plaintiffs’ motion for class certification because the proposed class did not satisfy Rule 23’s ascertainability and predominance requirements. ...more

Heads Up: Canada’s Anti-Spam Legislation (CASL) Takes Effect on July 1st

Once CASL takes effect, you will need express or implied consent before you (or your franchisees) can send a commercial electronic message (CEM). While franchisors are well aware of the pending impact of CASL and have been...more

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the...more

Low-Tech Proof In a High-Tech World: Northern District of California Denies Class Certification In Hulu Data Privacy Case

On June 16, the Northern District of California denied a motion for class certification in In re Hulu Privacy Litigation, No. C 11-03764 LB, ECF No. 111. The plaintiffs in that action alleged that Hulu violated the Video...more

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

Advertising Law - June 2014

FTC’s Data Broker Report: Transparency And Consumer Control - Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Illinois Supreme Court Holds State's Attorneys Subject to State FOIA

In the closing days of the recently concluded May term of the Illinois Supreme Court, the Court opened up the State’s Attorneys around the state to increased public scrutiny. In an opinion by Justice Lloyd Karmeier for a...more

The Right to Be Forgotten, Everywhere

While most people have focused on the free speech and implementation difficulties of the “right to be forgotten” announced by the European Court of Justice (ECJ) in Google Spain SL, Google Inc. v. Agencia Española de...more

Google Begins the Process of Implementing the 'Right to be Forgotten'

Google has taken the first step to implement the “Right to be Forgotten” decision by the European Court of Justice (ECJ). It has provided individuals a form to complete to request that their personal information be...more

EU’s Ruling Not “To Be Forgotten” Anytime Soon

Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to...more

UK Gives Search Engines Time to Comply With 'Right to Be Forgotten'

The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results. ...more

Cyber Law Tracker: Privacy Victory in Europe: EU’s Highest Court Requires Google® To Comply With An Individual’s Demand “To Be...

The European Union's highest court has issued a landmark ruling: henceforth, individuals may influence what information search engines display about them. Before Tuesday's ruling, search engines such as Yahoo®, Google®, or...more

The Uphill Climb Continues for Privacy Class Actions: Ninth Circuit Affirms Dismissal of Claims Against Facebook, Zynga

On May 8, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Northern District of California’s decision to dismiss with prejudice consolidated consumer class-action claims against...more

LinkedIn Consumer Class Action Survives Motion to Dismiss

It appears that California’s consumer-friendly Unfair Competition Law, Cal. Bus & Prof. Code §17200 et seq. (“UCL”), encompasses claims made regarding website privacy policies. In In re LinkedIn User Privacy Litigation, No....more

European Court of Justice rules right to be forgotten principle applicable to search engines

In a landmark ruling the European Court of Justice has ruled that search engines, as a principle, need to remove the link between search results and a webpage if it contains information the individual deems should be...more

New York Supreme Court Finds that GL Insurers Have No Duty to Defend Sony for Class Actions Arising out of PlayStation Data Breach

In February of this year, in the matter of Zurich American Ins. Co. v. Sony Corp. of America, et al., case number 651982/2011, the New York Supreme Court ruled in favor of Zurich American Insurance Co. and Mitsui Sumitomo...more

Zealous Counsel or Unethical Social Media Maven – How Far Can a Lawyer Go?

Social media has opened a Pandora’s box of information about just about everyone today, including jurors, witnesses, opposing counsel, defendants and plaintiffs. As lawyers we want to leave no stone unturned in pursuing a...more

“Like” It Or Not—It May Not Matter

Recently, a magistrate judge in the Northern District of California confirmed what many already believed: that information disclosed to third parties without appropriate consent or pursuant to a permitted exception “must...more

If You Host Videos on Your Website, Read This Blog Post Regarding the Video Privacy Protection Act

In a much anticipated decision in the class action In re Hulu Privacy Litigation, U.S. Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California has shed new light on the meaning of...more

SDNY Significantly Broadens Reach of Warrants under the Stored Communications Act: Forces Microsoft to Produce Customer Email on...

Last Friday, in the Southern District of New York, U.S. Magistrate Judge James C. Francis IV compelled extensive production of the contents of an unnamed user’s email account stored on a Microsoft server located in Dublin,...more

Conducting Online Research Of Jurors Just Got Less Perilous – Or Did It?

Last week, the American Bar Association’s Committee on Ethics and Professional Responsibility (“ABA”) gave lawyers the go-ahead to scour jurors’ or potential jurors’ publicly available social-media accounts, blogs, and...more

Court Holds That Prior Notice is Required to Record Cell Phone Conversations

Last month, a federal district court in the Northern District of California issued an order that may affect the policies of any company that records telephone conversations with consumers. The trouble began when...more

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