Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
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After 34 years, a federal district court in Florida has overturned a 1979 injunction which prevented the Centers for Medicare and Medicaid Services (CMS) from releasing to the public Medicare data related to physician billing...more
In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that...more
In January 2011, David Cheng (Plaintiff) filed a lawsuit against his former co-worker and fellow radiologist, Laura Romo (Defendant), alleging a violation of the Stored Communications Act (SCA) and Massachusetts privacy law....more
If your picture has appeared in a publication and you are concerned about the message being incorrect or defamatory; or if there is some other possible defamatory publication recently made about you, you will want to read...more
Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases...more
On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more
On May 12, 2013, Colorado’s governor signed H.B. 1046 into law to forbid employers from requiring or requesting that prospective and current employees disclose their username and password to their personal social media...more
On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more
LinkedIn is a social media site catering exclusively to professionals with 200 million registered users in 200 countries. For many businesses, marketing via social media is a critical component to success. Employees use...more
An Arizona developer has settled a lawsuit against Maricopa Country, Arizona Sheriff Joe Arpaio and former County Attorney Andrew Thomas for $1.4 million. Conley Wolfswinkel had filed suit after his office was publicly...more
On April 19, 2013, Colorado Governor John W. Hickenlooper signed into law Senate Bill 13-018 (the "Employment Opportunity Act"), which will significantly restrict the ability of Colorado employers to use “consumer credit...more
- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more
A putative nationwide class action alleging violations of the Fair Credit Reporting Act (“FCRA”) was recently filed against Toll Brothers Real Estate Inc. (“Employer”) in the United States District Court for the Eastern...more
On April 19, 2013, Colorado's governor signed S.B. 18 to prohibit employers from considering an applicant's or employee's credit history in employment decisions. California, Maryland, Connecticut, Hawaii, Illinois,...more
A Missouri court last week handed a legal defeat to a local escrow firm that sued its financial institution to recover $440,000 stolen in a 2009 cyberheist. The court ruled that the company assumed greater responsibility for...more
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
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
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
In Kahmeyer v. Federal Credit Corporation, the 13th Judicial Circuit in Hillsborough County, Florida released an opinion that has given new life to the argument that each violation of the Florida Consumer Collection Practices...more
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
On March 26, 2013, Utah joined Maryland, Illinois, California, and Michigan as the fifth state to prohibit employers from requesting that job applicants or employees disclose passwords protecting their personal internet...more
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
In a recent decision, Tyler v. Michaels Stores, Inc., the Massachusetts Supreme Judicial Court held that zip codes are “personal identification information” and that a merchant asking for that information during a credit card...more
In legal circles, we’ve all been anxiously awaiting a result in the case of Eagle v. Morgan (download here) – a case out of Pennsylvania where the issue who owned a LinkedIn page and contacts (the employee vs. the employer)...more
The Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the...more
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