Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
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
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
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
- 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
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
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
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
Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more
During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more
In Meyer v. Portfolio Recovery Associates (Oct. 12, 2012), the Ninth Circuit affirmed the Southern District of California’s decision to provisionally certify a class and grant a preliminary injunction against Portfolio...more
In an action filed by the Federal Trade Commission, a California district court has issued a temporary restraining order against the operators of debt relief companies that the agency says not only made false representations...more
If you believe you may have a claim for violation of your privacy rights or are a party to a court case that involves the right to privacy, you may what to give this post a read. Contact: George E. Bourguignon, Jr.,...more
The Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA) is a federal statute that was enacted in 1991 to address concerns relating to telemarketing/solicitation practices. It amended the Communications Act of 1934, and...more
In This issue: Long-Running False Advertising Class Action Resolved with $3.3 Million Payment; FTC Issues Record Fine Against Google; Jiffy Lube Agrees to $47M Tune-Up in Spam Text Suit; Coppertone’s Claims Burned...more
In This Issue: FTC Seeks Additional Comments on COPPA; Nestlé Gets False Ad Suit Dismissed, Despite FTC Settlement; Bag it: NAD Examines Claims About Bag Seal Strength; Running the Gamut: An Update on Toning Shoe...more
In This Issue: *9th Circuit Rejects $10.6M Settlement in Kellogg False Claim Suit *Court Tosses LinkedIn Suit – Again *Actions Can Imply Consent in Publicity Rights Suits, Court Says Consumer Awareness of...more
In This Issue: Report: Google to Pay $22.5 Million Fine to FTC Over Privacy Violations; “Barefoot” Class Actions Run into Court; $9M Netflix Privacy Settlement Gets Preliminary Approval; NAD Cleans Up Vacuum Claims; and...more
On June 27, the New Jersey Attorney General’s office announced a consent decree and injunction against 24x7digital LLC, a mobile app company, settling charges under the Children’s Online Privacy Protection Act (COPPA)....more
An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute...more
Recently, the United States Court of Appeals for the Seventh Circuit issued a decision in Soppet v. Enhanced Recovery Company that could effectively impose strict liability for violations of the Telephone Consumer Protection...more
In This Issue: PMA To Be Represented by Manatt Partner Linda Goldstein on FTC Panel; Manatt Partner Jeff Edelstein to Lead CLE Privacy Law Webinar Session; Thanks to the FTC, Defendants Won’t “Get Rich Quick” on...more
News media have paid significant attention to court orders requiring production of relevant documents from Facebook and social media sites in the course of litigation. As described in my recent post, the Ontario Information...more
Last month, the U.S. District Court for the Northern District of Illinois held that a company’s failure to protect personal information does not violate the Stored Communications Act (SCA) because the company did not...more
Google’s strong interest (some might say desperation) in conquering the social media territory already so thoroughly dominated by Facebook may have caused it to go a little too far. Or a lot too far, assuming you think...more
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