Civil Remedies Privacy

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

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

20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Recording Calls? Five Things You Can Do to Avoid the Litigation Frenzy

Restaurant chain Applebee’s has joined other businesses such as Overstock.com, Hilton, Capitol One, and Bass Pro Shops as defendants in purported class action lawsuits alleging that they illegally recorded calls to or from...more

Data Breach Litigation – A New Wave of Class Actions by Financial Institutions

Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same...more

The GPMemorandum, Issue 182

In This Issue: - Supreme Court Holds Company Can Sue Competitor For Unfair Competition Even If It Complies With FDA Labeling Regulations: In an 8-0 decision announced on June 12, 2014, the Supreme Court held...more

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more

First Ontario Privacy Class Action Certified Against Employer via Vicarious Liability

In Evans v. Bank of Nova Scotia, 2014 ONSC 2135, Justice Smith certified a class action for, among other claims, the tort of inclusion upon seclusion, against both the Bank of Nova Scotia (the “Bank”) and Richard Wilson. This...more

News from the Health Law Gurus™

Former Walmart Exec to Help Manage HHS — Leslie Dach, former Executive Vice President of Corporate Affairs for Walmart, will assume the role of Senior Counsel of the HHS, according to a press release on Wednesday. ...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

Even in Privacy Cases, Risk of Injury Does not Always Equal Injury

It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does...more

Delaware's New Data Destruction Law Takes Effect January 1, 2015

Delaware House Bill 295 was signed into law on July 1. The law provides that if a commercial entity seeks to dispose of records containing consumers' personal identifying information, the commercial entity must take...more

California Court Limits Liability for Loss of Certain Patient Information under CMIA

California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical...more

Court Orders Google to Remove Site from Worldwide Search Results

In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP)...more

Oklahoma and Louisiana Become the Latest States to Enact Social Media Password Protection Laws

Weeks after Wisconsin and Tennessee enacted their own legislation aimed at restricting access by employers to applicants’ and employees’ personal online content, Oklahoma and Louisiana have followed suit, further complicating...more

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

Halifax Health Gets In More Hot Water

You probably didn’t think Florida’s Halifax Health could make its situation any worse. After all, only two months ago Halifax agreed to pay $85 million to settle just the first half of a Medicare fraud case. That still...more

Florida Federal Judge Approves Settlement Agreement Providing Payments to All Victims of Data Breach, Even Those Who Suffered No...

On February 28, 2014, in Resnick et al. v. AvMed Inc., a Florida federal judge gave final approval to a groundbreaking settlement agreement in a data breach class action lawsuit. The settlement for the first time provides...more

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....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

Common Flaws in Computer Fraud Class Actions: Lawsuits claiming unauthorized use of smartphone tracking technology are lacking key...

A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking...more

China Business Update: China’s Evolving Legal Landscape for Trade Secret Protection

2013 will be remembered as a watershed year for trade secret protection in China. In January 2013, China’s Amended Civil Procedure Law came into force, giving courts discretion to issue interlocutory injunctions (1)...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

364 Results
|
View per page
Page: of 15

Follow Civil Remedies Updates on: