Civil Procedure Privacy Conflict of Laws

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Sunshine Ordinance Preempted by City Charter Provision Creating Attorney-Client Privilege

The First District Court of Appeal determined that City of San Francisco (“City”) resident Allen Grossman (“Grossman”) was not entitled to documents related to the development of certain San Francisco Ethics Commission...more

Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation...more

TCPA Connect -- Jan 13, 2014

Good Faith Belief in a Consumer’s Consent Found to be Valid Defense to TCPA Claim - Despite a material question about whether the defendant had express consent to contact the plaintiff, a California federal court judge...more

Floodgates To New York Telemarketing Class Actions Under The TCPA Are Open, Says Second Circuit

Just in time for the holidays, the Second Circuit’s recent decision in Bank v. Independence Energy Group LLC has dropped a lump of coal in the business community’s stocking. In this case, the “lump of coal” is an open door to...more

Disclosure v. Blocking Statutes

The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two...more

A Federal Court Holds HIPAA Preempts A Florida Medical Malpractice Pre-Suit Requirement

Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,...more

Compelled Waiver of Foreign Bank Secrecy for Discovery of Records Abroad

There are many branches, agencies, and subsidiaries of foreign banks licensed to conduct banking business here in New York. These foreign-bank offices are often the targets of civil discovery requests seeking production of...more

Delta Finds Reprieve in State Court, but Not Everyone Will Get to Fly the Friendly Skies

California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines, Inc. won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy...more

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

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

BLG Monthly Update for May 2013

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

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

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

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

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

Can Lawyers Use Drivers' DMV Information To Recruit Potential Class Representatives?

As I’ve noted in earlier posts, this is shaping up as an important term for the class action defense bar at the United States Supreme Court. Late last month, the Court added another important question to its docket, granting...more

He "Likes" Me, He "Likes" Me Not - Facebook's Sponsored Stories Lawsuit, Fraley v. Facebook, Changes Landscape Of Privacy...

Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person...more

Appeals Court Decision Ratchets Up Risk Factor for Those Delivering Autodialed and Prerecorded Calls

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

Receive a Grand Jury Subpoena? What’s a health care provider to do?

Health care providers are required to obey a properly issued grand jury subpoena seeking medical records or other confidential patient information, right? After all, it’s a subpoena. The answer may not be as straightforward...more

BLG Monthly Update for February 2012

Flying body parts, kitty litter and some neat contracts cases: all this and more in the BLG Monthly Update for February 2012...more

Mind the Gap: U.S. Discovery Demands versus EU Data Protection

The rising tide of globalization has meant that, more frequently than ever before, multinational corporations must navigate between U.S. litigation discovery demands seeking the production of documents and information located...more

20 Results
|
View per page
Page: of 1

Follow Civil Procedure Updates on: