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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

Massachusetts Jury Finds Violation of Stored Communications Act and Massachusetts Privacy Laws

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

Washington State Joins Trend of New Social Media Laws

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

New Colorado Law Prohibits Employer Access to Applicant and Employee Personal Social Media Accounts

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

Who Owns an Employee’s LinkedIn Account?

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

Advertising Law - Apr 25, 2013

- 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

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

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

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

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

Does Your CEO Own Her LinkedIn Account? One Court Says Yes, But…

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

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

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

Privacy Class Actions: Year-in-Review

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

Making Meyer Lemonade Out Of Meyer Lemons: Ninth Circuit Affirms Provisional Class Certification and Injunction in TCPA Case

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

FTC Cracks Down on Illegal Telemarketing in Debt Relief Scheme and Issues Agenda for Robocall Summit

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 the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law...

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 TCPA - A Summary Introduction

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

Advertising Law -- August 24, 2012

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

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