Civil Procedure, Privacy, Science, Computers & Technology

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

by David Marty, Tyler G. Newby | Fenwick & West LLP on 5/15/2013

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

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

by Tim Banks | Dentons on 4/24/2013

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

Data Breach Class Actions Can't Survive Certification Without Expert Testimony On Classwide Damages

by Amelia Gerlicher, James McCullagh | Perkins Coie on 4/17/2013

This is the latest opinion in the ongoing litigation arising out of a massive data breach suffered by Hannaford Bros. grocery stores. In re Hannaford Bros. Privacy Litigation, __F. Supp. 2d __, Case No. 2:08-MD-1954-DBH, 2013...more

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

by BuckleySandler LLP on 4/16/2013

On April 2, the U.S. District Court for the Northern District of Illinois certified a class of individuals who downloaded and installed tracking software created and operated by a data company and distributed by one of the...more

Privacy & Cybersecurity Update - April 2013

by Joshua Gruenspecht, Ken Kumayama, Stuart D. Levi, Sigrid Neilson, Shari Piré, Pierre Servan-Schreiber | Skadden, Arps, Slate, Meagher & Flom LLP on 4/15/2013

In This Issue: - Data-Breach Class Actions After the Supreme Court Decision in Clapper - California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases -...more

Hannaford vs. comScore – Up and Down Results for Privacy Class Action Defendants

by Judy Selby | BakerHostetler on 4/10/2013

Sighs of relief by class actions defendants following the denial of class certification in Hannaford may give way to renewed uncertainty now that a massive class, estimated by the plaintiffs’ lawyer to be more than a million...more

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

by F. Paul Pittman | Sedgwick LLP on 4/8/2013

As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed...more

Court Denies Motion for Class Certification in Hannaford

by Erica Gann Kitaev | BakerHostetler on 4/5/2013

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

Court Holds that Hannaford Data Breach Suit Cannot Proceed as Class Action

by Ropes & Gray LLP on 3/29/2013

On March 20, 2013, the United States District Court for the District of Maine denied a motion brought by plaintiffs in In re Hannaford Brothers Company Data Security Breach Litigation that would have allowed the suit to...more

Google: Better to Seek Forgiveness Than Permission?

by Amy Malone | Mintz Levin - Privacy & Security on 3/21/2013

For years, Google has been blazing trails in the technology world and along the way they have been caught in a few snares. The latest entanglement wrapped up this week as the company settled a two-year investigation led by an...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

by Ropes & Gray LLP on 3/20/2013

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

Massachusetts Echoes California and Disavows Data Mining by Zip Code

by BakerHostetler on 3/20/2013

In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still yet to come. This ruling is important...more

Setback for Apple in iPhone MDL

by Evan Nadel | Mintz Levin - Privacy & Security on 3/13/2013

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

Breach of Privacy in the Cloud (U.S.)

by Field Law on 3/12/2013

In 2012, LinkedIn made headlines as a result of a significant data breach. The passwords and email addresses of over 6 million LinkedIn users were hacked and posted online. Encryption and security was improved by LinkedIn in...more

South Korea Opens the Door for Unintentional Data Breach Collective Actions

by Nathan Schacht | BakerHostetler on 3/5/2013

On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving personal data in its possession. Importantly,...more

Cookie Monster

by MoFo Tech on 3/5/2013

When it comes to venue, cookie cases are anything but cookie-cutter - Marketers have an insatiable interest to know more about their customers, and the “cookies” they plant in those customers’ computers reveal much of...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

by Ropes & Gray LLP on 3/5/2013

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

Cybersecurity: The Next Big Wave in Securities Litigation?

by King & Spalding on 2/24/2013

News broke this week about significant cybersecurity breaches at many U.S. corporations that raises the possibility of a new wave of SEC enforcement actions, class actions, and derivative lawsuits. A front page New York Times...more

Advertising Law -- Feb 21, 2013

by Manatt, Phelps & Phillips, LLP on 2/22/2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

by Tina Amin | BakerHostetler on 2/21/2013

In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary...more

Court Quotes Mark Zuckerberg’s Opinion Of Where Privacy Is Going On The Web

by Justin Capuano | Cullen and Dykman LLP on 2/20/2013

Since this blog’s inception we have frequently posted about the discovery of social media content; however, it is rare, indeed, when a decision we review cites to the opinion of a social media website’s chief executive...more

Advertising Law -- Feb 15, 2013

by Manatt, Phelps & Phillips, LLP on 2/18/2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

Recent Cases Address Employer Efforts to Protect Confidential Information

by Cherie Blackburn | Nexsen Pruet, PLLC on 2/15/2013

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and...more

You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable...

by Megan Low, David McDowell, Purvi Patel | Morrison & Foerster LLP on 2/6/2013

Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the...more

Major Win for eCommerce Businesses: California Supreme Court Rules On-Line Merchants May Collect Personal Information to Verify...

by Helen Christakos | Carr, McClellan, Ingersoll, Thompson & Horn -... on 2/6/2013

The California Supreme Court held today in Apple v. Superior Ct. that on-line merchants may require customers to provide personally identifying information (such as home address and phone number) to purchase electronically...more

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Civil Procedure › Privacy › Science, Computers & Technology