Civil Procedure, Privacy, Personal Injury

Fenwick Employment Brief: Verbal Disclosure Of Private Facts Actionable

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/18/2013

A California appellate court expanded the basis for a public disclosure of private facts claim in Ignat v. Yum! Brands, Inc....more

Public Disclosure of Private Facts: California Court of Appeal Holds that Spoken Words Do Not Disappear Into Thin Air

by Carr, McClellan, Ingersoll, Thompson & Horn -... on 3/25/2013

In a decision surprising only because it has taken so long, on March 18, 2013, the California Court of Appeal in Ignat v. Yum! Brands, Inc., No. G046343 held that the privacy-based tort of public disclosure of private facts...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

Raising Expert Testimony Standards

by Peter Bauman - Senior Associate at Tharpe &... on 12/28/2012

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

Argument Report: When May the Homeowners' Association Security Stop and Detain?

by Sedgwick LLP on 12/1/2012

Our reports on the civil oral arguments of the Illinois Supreme Court's November term conclude with Poris v. Lake Holiday Property Owners Association. ...more

Court’s Official Recognition of Tort of Intrusion Upon Seclusion Reaffirms Privacy Rights of Illinois Employees

by Franczek Radelet P.C. on 11/8/2012

In Lawlor v. North American Corporation of Illinois, the Illinois Supreme Court formally recognized “intrusion upon seclusion,” a form of invasion of privacy, as a valid claim under state common law. ...more

In camera review required for discovery records protected by constitutional right of privacy – James v. Veneziano

by Trenam Kemker on 10/22/2012

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

Illinois Supreme Court Adopts Tort of Intrusion Upon Seclusion

by Sedgwick LLP on 10/19/2012

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 19, 2012

by Loeb & Loeb LLP on 9/19/2012

Table of Contents: - DiTocco v. Riordan - Second Circuit affirms district court’s dismissal of plaintiffs’ copyright claims, holding that defendants’ Percy Jackson book series was not substantially similar to...more

Advertising Law -- August 2, 2012

by Manatt, Phelps & Phillips, LLP on 8/2/2012

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

Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

by Mintz Levin - Privacy & Security on 8/2/2012

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

June 2012: London Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 6/26/2012

The Enforceability of “Best Endeavours” Clauses: Clauses requiring parties to use ‘best’ or ‘reasonable’ endeavours are common place in commercial contracts. They make sense to parties at the time of contracting, where...more

LinkedIn Password Theft Results in Class Action Lawsuit

by Mintz Levin - Privacy & Security on 6/20/2012

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

Making Your Online Evidence Usable in the Courtroom by Michael Kaiser, Kaiser Legal Group

by Kaiser Legal Group on 5/23/2012

Presented by Michael Kaiser of the Kaiser Legal Group at the Seattle Continuing Legal Education seminar (CLE) "Everything You Don't Know About E-Discovery (But Wish You Did)." The CLE was held at the Washington State...more

Social Media as Evidence

by Peter J. Gregory on 3/5/2012

With hundreds of millions of users worldwide, the social media revolution has arrived. Generally, social networks such as Facebook, Twitter and LinkedIn allow their members to share information to enable interpersonal...more

Rapid Response to Data Breach Pays Off

by Davis Wright Tremaine LLP on 3/1/2012

The Oregon Supreme Court last week affirmed the dismissal of a class action lawsuit against Providence Health & Services-Oregon arising out of the theft of patient data on backup media that were stolen from an...more

Invasion of Personal Privacy Tort Comes to Canada

by Mintz Levin on 2/6/2012

In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal...more

The BLG Monthly Update (January 2012)

by Neil Guthrie on 1/25/2012

An(occasionally funny)a digest of recent developments in the law which Neil Guthrie, National Director of Research at Borden Ladner Gervais LLP, thinks you will find interesting or relevant – or both....more

Facebook No Friend of Yet Another MVA Plaintiff

by Daniel Strigberger on 12/15/2011

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more

Facebook No Friend of MVA Plaintiff

by Daniel Strigberger on 12/14/2011

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more

Anderson v. Hannaford: Plaintiff Customers May Recover Mitigation Costs Of Data Breach

by Proskauer - Privacy & Data Security on 11/14/2011

Plaintiff customers in litigation stemming from Hannaford Brothers, Co.'s 2007 data breach were handed a partial victory by the First Circuit on October 20th. The Court held that plaintiffs' claims for negligence and implied...more

Facebook No Friend for FSCO Claimant

by Daniel Strigberger on 11/2/2011

A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to...more

Editor's Choice: Top Five Legal News Stories of the Day - October 17, 2011

by Lawyers.com on 10/18/2011

Here are some news stories we thought you'd find interesting: - Figures didn't add up to settlement in wrongful death case; trial ends with interest allowed on $3 million verdict. A judge allowed the plaintiffs interest...more

Judge Finds Injury-in-Fact Adequately Alleged in RockYou Data Breach Action

by Proskauer - Privacy & Data Security on 4/28/2011

Where others have failed, Alan Claridge did not. Recently, a Federal judge in the Northern District of California declined to dismiss Plaintiff Claridge’s claims arising from a data breach involving the social entertainment...more

Pregnancy Harassment Claim Was Properly Dismissed, And Employee Waived Attorney-Client Privilege By Using Employer's Computer

by Proskauer - California Employment Law on 3/1/2011

Holmes v. Petrovich Dev. Co., 191 Cal. App. 4th 1047 (2011) Gina Holmes sued her employer for harassment based on pregnancy, retaliation, constructive discharge, violation of the right to privacy and intentional...more

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Civil Procedure › Privacy › Personal Injury