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Civil Procedure Privacy

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App Privacy Litigation Settles For $5.3 Million

by King & Spalding on

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million...more

Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

by Klein Moynihan Turco LLP on

Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes...more

The Insurer’s Dilemma: To Produce, or Not to Produce?

by Zelle LLP on

“Request for Production Number 25: Produce the entire underwriter’s file for underwriting the policy.” This familiar discovery demand has become far too common in the realm of insurance coverage litigation, and the request is...more

TCPA Connect - April 2017

FCC Combats Spoofed Robocalls - As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a...more

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

by Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

Wells Fargo Resolves TCPA Class Action

by Klein Moynihan Turco LLP on

Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the...more

When Confidential is Not Confidential - Identities of Confidential Sources of Distressed Debt Reporter are Not Subject to NY...

by Dechert LLP on

There is the general expectation that when a source discloses information to a reporter on a confidential basis, the source will be protected and their identity and communications cannot be forced to be disclosed. This is...more

Plaintiffs’ Counsel Garner $15 Million Attorneys’ Fee Award For Largest TCPA Settlement In History

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In what is being billed as the “largest and strongest TCPA settlement in history,” Judge Kennelly of the U.S. District Court for the Northern District of Illinois recently granted Plaintiffs’ counsel a...more

Coca-Cola Dodges Privacy Class Action

by Cozen O'Connor on

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent....more

Subject access request compliance

by Dentons on

Following on from our article in last month's edition of the Employment Law Round-up there have been further developments in the field of data protection and, specifically, subject access requests....more

Recent settlements highlight plaintiff pitfalls in data breach cases

by Thompson Coburn LLP on

In a recent post, we discussed how plaintiff class members who have not suffered financial harm as a result of a data breach face challenges meeting the Article III standing requirement necessary to invoke a federal court’s...more

A Federal Court in Kentucky Shoots Down Drone Airspace Case

The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there is no federal question jurisdiction when a claim is brought for trespass to chattels and...more

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

D.C. Circuit Strikes Down TCPA Fax Opt-Out Requirement

by Bass, Berry & Sims PLC on

Last week, the D.C. Circuit overturned the Federal Communications Commission's requirement that fax advertisements always include opt-out notices. In Yaakov v. FCC, the court held that the FCC lacks authority under the...more

Employer Defeats Novel TCPA Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a...more

Win for Insurance Industry in Computer Fraud Coverage Ruling

by Cozen O'Connor on

Computers are involved at some point in almost every business transaction—that is the reality of life in the digital age. The implications of that fact are still being worked out with respect to the interpretation of...more

2016 Class Action Year-End Review

by BakerHostetler on

We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more

Arby’s Whacked with More Data Breach Class Action Lawsuits

As we previously reported, Arby’s was hit with malware that infected over 1,000 of its fast food locations throughout the U.S. between October 25, 2016, and January 19, 2017, and was hit with multiple class action suits over...more

Lawsuit Against the ‘Drone Slayer’ Tossed by Federal Judge

Last week, a Kentucky federal judge, U.S. District Judge Thomas B. Russell, threw out the lawsuit against William H. Merideth, also known as the ‘Drone Slayer’, a drone pilot who was sued for the downing of an unmanned...more

2nd Circuit hears data breach argument: Is fear of harm sufficient for Article III standing?

by Thompson Coburn LLP on

The 2nd Circuit recently heard oral argument in Whalen v. Michael Stores, Inc., No. 16-260, a data breach case involving credit card data. Whether or not the 2nd Circuit follows the 7th Circuit’s lead (established in the...more

Advertising Law - March 2017 #4

Ad Groups Push for FCC Privacy Rule Reversal - The drama surrounding the Federal Communications Commission's privacy rules continues. Part of an Order passed last year along party lines under former Chairman Tom...more

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