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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

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

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

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

Privacy Class Action – Article III Standing – 2013 Outlook

For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. Several key decisions addressed the issue in...more

Third Circuit Finds Delaware Chancery’s Arbitration Program Unconstitutional

A three-judge panel of the US Court of Appeals for the Third Circuit recently affirmed an injunction against the Delaware Court of Chancery’s arbitration program, finding that the confidential proceedings violate the First...more

District Court rejects supervisor liability for state employee’s motor vehicle record data breach

In a recent decision, the Federal District Court of Minnesota found that state agencies were not liable in a data breach class action suit involving a rogue employee’s unauthorized viewing of personal information in drivers...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...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

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN)....more

Federal District Court Allows Data Breach Class Action to Proceed Based On Risk Of Future Harm

On October 11, the U.S. District Court for the Southern District of California held that the plaintiffs in a consolidated data breach class action have plead sufficient harm to satisfy Article III’s injury-in-fact requirement...more

Eleventh Circuit Reverses Dismissal of Data Breach Class Action Involving Stolen Laptops

Addressing a purported class action filed after laptops containing health care patients’ private data were stolen, the Eleventh Circuit recently issued one of its more consumer-friendly class action decisions, Resnick v....more

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights. A.B., the...more

Advertising Law - January 12, 2012

In This Issue: Not a Dry Case – Judge Lifts Restrictions on Alcohol Advertising in Texas; Tostitos, SunChips, Tropicana Targets of New Suits; Literally True Claim May Still Convey False Message, NAD Cautions; Do Not Pass...more

Advertising Law - November 11, 2011

In This Issue: Netflix Goes on the Offensive, Challenges VPPA; Companies Can Be Liable for Consumer Costs of Security Breach; NAD Reviews Allegra Ad Claims; Fiber = Processed Fiber for Ad Purposes; and Second Circuit:...more

ACLU Wins FOIA Appeal on Prosecutors’ Use of Cell Phone Location Data

For some time now, the American Civil Liberties Union has been concerned about some federal prosecutors’ practice of seeking court orders to track the location of people’s cell phones without probable cause, arguing that this...more

From Habeas Data Action to Omnibus Data Protection: The Latin American Privacy (R)Evolution

Latin America: More Privacy than You Would Expect Whenever you ask a privacy expert about parts of the world with strict data privacy laws, the European Union, with its by now famous EU Data Protection Directive, is...more

Constraints On Calif. Credit Card Class Actions

Law360, New York (June 23, 2011) -- In the wake of Pineda v. Williams-Sonoma Stores Inc. (2011) 51 Cal. 4th 524, Divisions One and Five of California's Second Appellate District have published two opinions that put some...more

Footballer Fallout - - the radioactive debate about Superinjunctions, Twitter and Privacy

Quentin Bargate, Senior Partner and Head of Litigation at the City of London law firm Bargate Murray, comments on “Footballergate” the recent clash between the English Judiciary and Parliament, privacy incliding...more

Doe v. Luzerne County, et al.,

Brief Of Amicus Curiae Electronic Privacy Information Center (EPIC) In Support Of Appellant And Urging Reversal

EPIC Champions Constitutional Right to Informational Privacy Before Third Circuit EPIC has filed an amicus brief in the Third Circuit Court of Appeals in support of a Jane Doe police deputy, who is suing to recover...more

Hall v. LipstickAlley.com

Response to order to show cause why Lipstick Alley should not be ordered to identify anonymous user

Paul Levy of Public Citizen is the primary author of this brief. This description is taken from Public Citizen's website (http://www.citizen.org/litigation/forms/cases/getlinkforcase.cfm?cID=655). Jermaine Hall, the...more

In Re National Security Agency Telecommunications Records Litigation (this document relates only to Al-Haramain Islamic Foundation v. Obama)

Judgment Regarding Liquidated Damages and Attorney's Fees

This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by...more

In Re National Security Agency Telecommunications Records Litigation (this document relates only to Al-Haramain Islamic Foundation v. Obama)

Order Granting Liquidated Damages & Attorneys' Fees to some Plaintiffs, Denying Liquidated Damages To Other Plaintiffs, and...

This case alleges targeting of the leaders of an Islamic charity and their lawyers by the admitted, targeted warrantless wiretapping by the NSA. It is based on a document that was accidentally disclosed to the plaintiffs by...more

Survey Of West Virginia Employment Privacy Law

GENERAL COMMENTS West Virginia has a two-tiered court system consisting of circuit courts at the trial level with only discretionary appeal to the West Virginia Supreme Court of Appeals. There is no intermediate court of...more

Winning Casenote for Tulane Write-On Competition

Here I find that the Ninth Circuit erroneously applied a test of reasonableness to the actions of police officers where there was an independent source for evidence obtained subsequent to a warrantless seizure....more

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