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UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision

A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class...more

Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!

U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern...more

Federal Judge Trims Diet Supplement Maker’s Earnings by $40M and Orders Recall of Banned Labeling

On May 14, a Georgia federal court dished out severe contempt sanctions against Hi-Tech Pharmaceuticals, its president and two others for violating a 2008 court order relating to the advertising and labeling of Hi-Tech’s...more

The Next Generation of Data Breach Notice Law — Florida’s Information Protection Act of 2014

In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

Damages Issues Again Thwart the Bulk of Plaintiffs’ Claims in the PlayStation Network Data Breach Class Action

In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more

Langone v. FanDuel, Inc. (Fantasy Sports)

MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action

United States District Court for the Northern District of Illinois, Eastern Division (Judge Thomas M. Durkin); MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action based upon the Illinois Loss Recovery Act, 720 ILCS...more

Notice to US Full Tilt Poker Player Victims re Fund Remission Protocols

Electronic Notice by Claims Administrator Garden City Group to US Full Tilt Poker Player Victims re Fund Remission Process, Protocols, and Procedure. --- On September 16th, 2013 the Full Tilt Poker Claims...more

Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Google Settles Another Privacy Allegation — This One Concerning Its ‘Street View’

Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more

The Data Breach Lawsuit Powder Keg

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

US v. Pokerstars, et. al. (Christopher Ferguson)

SDNY Hon. Judge Kimba M. Wood executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

Approved and Executed STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON: Ferguson agrees to forfeit to the United States all funds in the Ferguson Account (the "Ferguson Account Funds") for disposition...more

US v. Pokerstars, et. al. (Christopher Ferguson)

LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin dated 02/19/2013

LETTER addressed to Judge Kimba M. Wood from AUSA Sharon Cohen Levin dated 02/19/2013 re Christopher Ferguson Settlement Stipulation. ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON

STIPULATION AND ORDER OF SETTLEMENT IN REGARD TO CHRISTOPHER FERGUSON [Submitted 02/19/2013 for court approval by Hon. Judge Kimba M. Wood] ...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013

ENDORSED LETTER addressed to Judge Kimba M. Wood from Sharon Cohen Levin, Michael D. Lockard, and Jason H. Cowley dated 1/28/2013 re: The Government requests, with the consent of claimant/defendant Ferguson, an additional...more

US v. Pokerstars, et. al. (Christopher Ferguson)

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012

ENDORSED LETTER addressed to Judge Kimba M. Wood from Jason H. Cowley dated 12/14/2012 re: Accordingly, the Government and defendant/claimant Ferguson jointly request that (a) Ferguson's memorandum in support of Lederer's...more

In Re Electronic Privacy Information Center

Petition For A Writ of Mandamus To Enforce This Court's Mandate

EPIC Files Mandamus Petition to Compel Action on the Airport Body Scanner Program EPIC has filed a mandamus petition with the Federal Court of Appeals in Washington, DC to require the beginning of a public comment...more

Siegler v. Best Buy- USD Florida, West Palm Beach, Filed November 2011

Siegler v. Best Buy Class Action Complaint- Drivers' Privacy Protection Act

The class action arises out of Best Buy's alleged practice of swiping Drivers' Licenses of customers without prior authorization, resulting in possible unauthorized disclosure of restricted personal information to Best Buy or...more

Campmor, Inc. v. Brulant, LLC

Opinion granting in part and denying in part defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Pirates of the Internet: Infringer Tides By Ryan Lobato

Policing intellectual property on the World Wide Web can seem like a daunting task. Infringers pirate copyrighted material and pillage trademark rights across the Internet. The establishment of new virtual territories creates...more

Campmor, Inc. v. Brulant, LLC

Brief in opposition to defendant's motion for summary judgment

Campmor, Inc., a successful online retailer of camping and outdoor equipment and customer of "online channel partner" Brulant, LLC, (now known as Rosetta) brought suit based on breach of contract, breach of warranty,...more

Practical Steps in Responding to a Data Breach

What does a company do if it is faced with a possible or actual breach of customer, employee or shareholder personal data? California enacted the first state data breach notification law in 2003, obligating companies to...more

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