Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign...more
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
A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more
In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more
On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more
In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more
In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more
The federal courts continue to evaluate an employee's right to privacy and an employer's right to monitor employee communications and terminate employees based on those communications, whether under common law, statute or the...more
The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the...more
Today, the Supreme Court of Canada granted leave to appeal from a decision of the Alberta Court of Appeal declaring the application of Alberta’s Personal Information Protection Act to certain union activities during a strike...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
In this car accident case, the plaintiff sought defendant’s medical records for the past 10 years based on the belief that the defendant’s medical problems caused the car accident. The trial court ordered the defendant to...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
FDS Restaurants, Inc. v. All Plumbing, Inc., Civ. No. 12-394 (RMC), 2012 WL 4052847 (D.D.C. Sept. 14, 2012). In FDS Restaurants, Inc. v. All Plumbing, Inc., Defendants sought to remove a TCPA case to federal court,...more
Our preview of the September term of the Illinois Supreme Court concludes with Hope Clinic for Women v. Adams. Although Hope Clinic arises from a constitutional challenge to Illinois’ Parental Notice of Abortion Act, the...more
A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit. An earlier Complaint...more
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
How private are your posts on Facebook and your tweets on Twitter? If you think the answer depends only on how you configure your privacy or security settings for your accounts, you might be in for a rude awakening – at least...more
The Supreme Court of Canada has granted leave to appeal the Ontario Court of Appeal’s decision in R. v. Cole, 2011 ONCA 218. Mr. Cole, a teacher, was charged with possession of child pornography and unauthorized use of a...more
The Supreme Court of Canada will decide whether an employer must have “reasonable cause” to conduct random alcohol testing on unionized employees, or whether an inherently dangerous workplace is sufficient to justify random...more
In a unanimous decision, the U.S. Supreme Court ruled on April 17, 2012 that a private employee working for a governmental body is entitled to the same qualified immunity as full-time public employees. Filarsky v....more
EPIC has filed an amicus brief in United States v. Hamilton, urging the Fourth Circuit Court of Appeals to uphold employee privacy interests in personal e-mails. The Government contends that it may obtain private emails from...more
Traditional concerns for employers have included: harassing or other discriminatory actions; other conduct leading to liability to third-parties; forbidden fraternizing; criminal activity; “frolic and detour” or other...more
In This Issue: Court Refuses to Certify Class in Zip Code Suit; Facebook, Zynga Score Court Victory; TCPA is “Weird,” Says Supreme Court Justice; FDA to Appeal Injunction of Cigarette Labeling Rules; and In San...more
In this issue: Manatt Senior Partner Honored as a Hollywood Power Lawyer; Senate Committee Discusses Online Privacy, Do Not Track; Nivea Settles with FTC Over Skin Cream Claims; California Enacts Online Sales Tax; U.S....more
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