Civil Remedies Communications & Media Privacy

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Right to privacy still tentative in Japan

The Tokyo District Court has ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past....more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...more

Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

Let’s Go To The Videotape: Can School Security Videos Be Subject To Disclosure Under FOIA?

School districts usually deny requests to view school video recordings, such as security tapes, in light of concerns about the privacy rights of students featured on these recordings. In a recent decision, the Freedom of...more

The FCC Moves To Expand Its Data Security Regulatory Reach - The FCC fines two telecommunications companies $10 million—and faces...

On October 24, 2014, the Federal Communications Commission (FCC) levied a $10 million fine against two telecommunications companies that allegedly stored unencrypted personally identifiable customer data online with no...more

Japan – Google Privacy Case

On 9 October 2014, Judge Nobuyuki Seki of the Tokyo District Court granted a provisional injunction against Google Inc. (“Google“) and ordered Google to delete search results of a plaintiff who claimed his privacy rights had...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

FCC Announces Record $7.4 Million Settlement for Failure to Provide CPNI “Opt-Out” Notices to Customers

On Tuesday, September 3, the FCC’s Enforcement Bureau announced that it had entered into a consent decree with Verizon, under which Verizon will pay $7.4 million to the U.S. Treasury for violating the FCC’s “Customer...more

Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

Surf’s Up: The Wave of High-profile Privacy Class Actions

Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is...more

Data for the Taking: Using the Computer Fraud and Abuse Act to Combat Web Scraping

“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

Privacy damages awarded to Weller family

Associated Newspapers has been ordered to pay three of Paul Weller’s children a total of £10,000 in damages for misuse of private information and breach of the Data Protection Act. Covertly taken pictures of the...more

Google To Get Grilling Before UK Courts for Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. (‘Google’) will face the scrutiny of the...more

Does The SCOTUS "Like" Cy Pres Distributions In Class Action Settlements?

On November 4, 2013, the Supreme Court of the United States declined to review the Ninth Circuit’s approval of Facebook’s $9.5 million privacy class action settlement, which, with the exception of attorneys’ fees and “modest...more

SCOTUS Denies Cert in Challenge to Facebook's "Beacon" Class Action Settlement

The U.S. Supreme Court has declined to review a case challenging the fairness of a cy pres settlement of a class action against Facebook related to Facebook’s “Beacon” program that was launched in late 2007. Although the...more

HIPAA Marketing Rules Prompt First Amendment Challenge

In what is believed to be the first legal challenge to the HIPAA Omnibus Rule (the “Rule”), a vendor of prescription drug adherence services is seeking an injunction to block certain provisions of the Rule related to drug...more

Privacy on Facebook, Twitter, etc.

After the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users’ names and faces in “Sponsored Story” ads without their permission and without paying them,...more

Washington State Enacts Law Restricting Employers’ Access to Private Social Media Accounts

Effective July 28, 2013, Washington joined several states in prohibiting employers from seeking access to their employees’ or prospective employees’ private social-media accounts....more

Illinois Appellate Court Clarifies When Electronic Communications By Council And Board Members On Personal Electronic Devices And...

The Illinois Appellate Court recently ruled that electronic communications about public business sent or received by members of a city council during a public meeting or study session are “public records” subject to the...more

Seventh Circuit Upholds Privacy Class Action under Federal Law

In a notable decision that may lead to an increase in privacy class actions under federal law, the Seventh Circuit in Harris v. comScore, Inc. upheld the certification of a class action for alleged privacy violations under...more

Illinois Appellate Court Narrows Attorney General's FOIA Opinion on Communications on Elected Officials' Private Devices

On July 16, 2013, the Appellate Court of Illinois for the Fourth District issued an opinion in City of Champaign v. Madigan, 2013 IL App (4th) 120662, that upheld the Illinois Attorney General's (AG) binding opinion (Public...more

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