Civil Procedure Privacy Constitutional Law

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Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions

As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming majority of courts, relying...more

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

Seventh Circuit overturns Neiman Marcus data breach class action dismissal

In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more

Dispositions légales et jurisprudence incontournables du 1er semestre 2015 en matière de droit social en France - Juillet 2015; A...

Vous avez peut être manqué certains développements récents… Cette lettre d’information rassemble quelques évolutions majeures du premier semestre 2015 en France en droit du travail. Les demandes de dommages et...more

U.S. Supreme Court Upholds Privacy Rights for Los Angeles Hotel Operators

In a win for privacy advocates, the U.S. Supreme Court ruled that a City of Los Angeles municipal ordinance permitting warrantless police searches of hotel registries is unconstitutional. The subject ordinance (Los Angeles...more

Telephone Surveillance Hang-Ups: Second Circuit Asks Parties in ACLU v. Clapper to Brief Whether the USA Freedom Act Moots...

Not long after striking down the National Security Agency’s telephone surveillance program in ACLU v. Clapper, the Second Circuit is asking the parties to assess whether recently passed federal legislation has rendered the...more

City of Los Angeles v. Patel — US Supreme Court voids LA ordinance requiring hotel operators to turn over guest records on demand

US Supreme Court voids Los Angeles ordinance requiring hotel operators to turn over guest records on demand. In a 5-4 opinion rendered on June 22, 2015, the United States Supreme Court held that a Los Angeles municipal...more

Supreme Court Strikes Down Warrantless Searches of Hotel Guest Registries

Hotels possess a treasure trove of private information about their guests. Everything from the guest’s name, address, credit card and vehicle information to the number of guests in the party, arrival and departure dates and...more

Hotels Need Not Provide Guest Registry to Law Enforcement

U.S. Supreme Court Strikes Down Los Angeles City Ordinance Requiring Hotel Operators to Provide Guest Register Records to Police Officers on Demand - Like a host of municipalities, the City of Los Angeles has an...more

Supreme Court Strikes Down Law That Required Hotels To Comply With Warrantless Police Requests For Guest Registries

On June 22, 2015, in a 5-4 ruling, the U.S. Supreme Court in City of Los Angeles v. Patel struck down a Los Angeles Municipal Code that required hotel operators to provide guest registries to police upon demand, and without a...more

Court of Justice Finds Deutsche Bahn Dawn Raids Illegal

Commission’s dawn raids of Deutsche Bahn’s premises were illegal because improperly discovered documents triggered the action. Summary - On 18 June 2015, the Court of Justice of the EU (ECJ) partly allowed...more

California’s Eraser Law: What IP Attorneys and Owners Need to Know

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

“Ambush” Election Challenge Fails in Federal Court

A federal judge in Texas recently ruled in favor of the National Labor Relations Board (NLRB) in a case challenging the Board’s “ambush” election rules. The lawsuit, Associated Builders and Contractors of Texas, Inc. v....more

Nevada Federal District Court Follows National Trend, Dismisses Data Breach Class Action for Lack of Standing

In granting a motion to dismiss a data breach putative class action lawsuit, the District of Nevada joined the majority of federal district courts in holding that plaintiffs whose personal information was stolen lack Article...more

District Court Dismisses Data Breach Class Action Against GameStop, Inc.

The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the...more

Illinois Appellate Court Finds Non-Injured Plaintiffs Lack Standing To Pursue Claims For Technical Violations Of State Consumer...

In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782-U (Ill. App. Ct. June 2, 2015), the Illinois Appellate Court was asked to decide whether individuals have standing to bring suit for violations of...more

Zappos proposed data breach class action litigation dismissed

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more

Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court...more

Spokeo v. Robins: The Case That Has Silicon Valley Buzzing, Even Though Plaintiffs Likely Don’t Have a Leg To “Stand” On

On April 27, 2015, the United States Supreme Court granted certiorari in Spokeo v. Robins and will soon decide whether a plaintiff must allege more than just the bare violation of a federal statute in order to invoke Article...more

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

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