Civil Remedies › Privacy › Personal Injury

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

Illinois Supreme Court Adopts Tort of Intrusion Upon Seclusion

It's not often that you see a trial end in verdicts for both plaintiff and defendant, with both sides receiving awards of not only compensatory but punitive damages against the other. The Illinois Supreme Court heard such a...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

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

Advertising Law -- August 2, 2012

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

Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power...more

No Snooping Allowed

In the age of electronic information it is easier than ever, for those so inclined, to snoop into our private lives and access some of our most personal information....more

The Need to Know Versus the Right to Intrude: A Caution on Fraud Investigation

Inevitably, properly conducted fraud investigations involve reviewing and digesting the information of the alleged fraudster. Bank records, e-mail accounts, correspondence – all of it must be obtained and examined to prove...more

LinkedIn Password Theft Results in Class Action Lawsuit

Nearly as predictable as the sun coming up in the morning, the recent theft of 6.5 million LinkedIn user passwords has resulted in the filing of a class action lawsuit in a California federal court. In her complaint, a...more

Ontario Court of Appeal Recognizes Tort of Invasion of Privacy

On January 18, 2012, the Ontario Court of Appeal recognized a common law tort of “intrusion upon seclusion” in Ontario law in its decision in Jones v. Tsige. This decision has potentially significant implications, not just...more

Intrusion Upon Seclusion: Ontario Recognizes Tort For Invasion Of Privacy

The Ontario Court of Appeal has released its much-anticipated decision in Jones v. Tsige, 2012 ONCA 32 [Jones] which recognizes the tort of “intrusion upon seclusion,” acknowledging a right to sue when an individual’s privacy...more

Invasion of Privacy Tort in Ontario - Implications for Entertainment Lawyers

The question of whether Ontario law recognizes a tort cause of action for invasion/breach of privacy has long been a contentious one - but it has finally been definitively settled in the affirmative. The Ontario Court of...more

Anderson v. Hannaford: Plaintiff Customers May Recover Mitigation Costs Of Data Breach

Plaintiff customers in litigation stemming from Hannaford Brothers, Co.'s 2007 data breach were handed a partial victory by the First Circuit on October 20th. The Court held that plaintiffs' claims for negligence and implied...more

Editor's Choice: Top Five Legal News Stories of the Day - October 17, 2011

Here are some news stories we thought you'd find interesting: - Figures didn't add up to settlement in wrongful death case; trial ends with interest allowed on $3 million verdict. A judge allowed the plaintiffs interest...more

FAA v. Cooper

Brief Of Amicus Curiae Electronic Privacy Information Center (EPIC) In Support Of The Respondent

EPIC Urges Supreme Court to Affirm Privacy Act Remedies EPIC filed a "friend of the court" brief in the United States Supreme Court urging the Court to enforce the rights granted under the Privacy Act, which regulates...more

Judge Finds Injury-in-Fact Adequately Alleged in RockYou Data Breach Action

Where others have failed, Alan Claridge did not. Recently, a Federal judge in the Northern District of California declined to dismiss Plaintiff Claridge’s claims arising from a data breach involving the social entertainment...more

No Tort of Invasion of Privacy in Ontario

The Ontario Superior Court of Justice recently confirmed, in emphatic an unambiguous terms, that Ontario law does not recognize a common law tort of "invasion of privacy". In Jones v. Tsige, 2011 ONSC 1475, Whitaker J. framed...more

As Long as They Spell My Name Correctly: Truth, Fiction and Biopics

How much can real people be fictionalized in the movies? Two recent films make that point — The Social Network and All Good Things. Though these movies often blend truth and fiction, the legal implications that can result are...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

CHINA ALERT: Promulgation of New Tort Law in China 7/1/10

In This Alert: *Punitive Damages *Privacy of Medical Records *Product Liability Lawsuits *Action Suggested Please see full alert below for more information....more

The “Fax” Don’t Add Up for Coverage

The California Court of Appeal, Second Appellate District, has held that the receipt of unsolicited faxes is not covered as “advertising injury” or “property damage” for insurance purposes. State Farm General Insurance...more

Long Haul, Inc., et al. v. Regents of the University of California, et al.

Complaint for Injunctive and Declaratory Relief and For Damages; Demand for Jury Trial

EFF and the ACLU of Northern California filed suit in federal court on January 14, 2009 to protect the privacy and free speech rights of two San Francisco Bay Area community organizations after the groups' computers were...more