Commercial Law & Contracts, Privacy, Personal Injury

Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To...

by Racheal Turner, C. Brandon Wisoff | Farella Braun + Martel LLP on 1/29/2013

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more

Faulkner v. ADT and the Landscape for CIPA Class Actions

by Michael Bracken, Thomas Gilbertsen, Daniel Silverman | Venable LLP on 1/25/2013

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 1/24/2013

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Raising Expert Testimony Standards

by Peter Bauman - Senior Associate at Tharpe &... on 12/28/2012

We previously reported on Sargon Enterprises v. Univ. of Southern California (November 26, 2012) in which the California Supreme Court made clear that expert testimony regarding lost profits may not succeed if it is too...more

Data Privacy And Protection Efforts Start With A Company Policy, But Don’t End There

by Robert Freedman - Partner at Tharpe & Howell,... on 12/17/2012

If your company has a data privacy policy in place, make sure you live up to its provisions. Failure to do so makes it more likely that the Federal Trade Commission (“FTC”) will pursue an enforcement action against the...more

Eleventh Circuit Holds Monetary Damages Caused by Identity Theft Present a Cognizable Injury

by BuckleySandler LLP on 10/1/2012

Recently, the U.S. Court of Appeals for the Eleventh Circuit, in a case of first impression, held that the named plaintiffs in a putative class action could pursue their claims for monetary loss from a health care company...more

June 2012: London Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 6/26/2012

The Enforceability of “Best Endeavours” Clauses: Clauses requiring parties to use ‘best’ or ‘reasonable’ endeavours are common place in commercial contracts. They make sense to parties at the time of contracting, where...more

LinkedIn Password Theft Results in Class Action Lawsuit

by Mintz Levin - Privacy & Security on 6/20/2012

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

Social Media as Evidence

by Peter J. Gregory on 3/5/2012

With hundreds of millions of users worldwide, the social media revolution has arrived. Generally, social networks such as Facebook, Twitter and LinkedIn allow their members to share information to enable interpersonal...more

The BLG Monthly Update (January 2012)

by Neil Guthrie on 1/25/2012

An(occasionally funny)a digest of recent developments in the law which Neil Guthrie, National Director of Research at Borden Ladner Gervais LLP, thinks you will find interesting or relevant – or both....more

Dentist Drills Toothy Patient for Painful Online Review

by Lawyers.com on 12/19/2011

Dentists and doctors increasingly are policing what you say online about their services. In the most recent case, a prominent New York dentist, Dr. Stacy Makhnevich, threatened to sue a former patient, Robert Lee, over a...more

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

by Proskauer - Privacy & Data Security on 11/14/2011

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

The New Wave of Cyber-Crime Facing Retailers

by Dickinson Wright on 8/15/2011

Retailers are under attack from a new wave of low-tech, hightech criminals. These second-generation cyber-criminals are not necessarily the genius-hacker-types popularized by Hollywood in tag lines such as “Log on. Hack in....more

Advertising Law Newsletter - March 04, 2011

by Manatt, Phelps & Phillips, LLP on 3/4/2011

In this issue: NARB: Staples Should Discontinue, Modify Use of “Like FREE” Claim; Privacy Legislation Hits Congress, Including Do-Not-Track Bill; Zip Code Is “Personal Information” Under California Law; Partridge Show Actress...more

Publicity Rights State of Play

by Heenan Blaikie LLP on 10/21/2010

Eriq Gardner has published a simply excellent article in the ABA Journal: "What's In a Name?" explores the history, caselaw and controversies surrounding US "right of publicity" law. Publicity rights battles are growing...more

Unsolicited Fax Advertising Does Not Constitute an “Advertising Injury”

by Sedgwick LLP on 10/11/2010

Superior Court of Pennsylvania In Telecommunications Network Design and Paradise Distributing, Inc. v. Brethren Mut. Ins. Co., ___ A.2d ___, 2010 WL 3294319 (Pa. Super. Aug. 23, 2010), the Superior Court of Pennsylvania...more

Life Story Rights - Some Considerations

by Heenan Blaikie LLP on 9/9/2010

Diane Krausz has posted a valuable item: Whose Life is it Anyway? Clearance of Life Story Rights in Film. The article is particularly interesting for her concise provision of this heuristic, which I think nicely articulates...more

The “Fax” Don’t Add Up for Coverage

by Manatt, Phelps & Phillips, LLP on 2/23/2010

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

Advertising Law - January 19, 2010

by Manatt, Phelps & Phillips, LLP on 1/20/2010

IN THIS ISSUE: *Manatt To Host WOMMA Wine Wednesday at Los Angeles Office *Report Documents “Labeling Shenanigans” for FDA *Kim Kardashian Sued for Defamation Over Tweets *FTC Approves Two Reports to Congress on Use,...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

by Manatt, Phelps & Phillips, LLP on 12/1/2008

IN THIS ISSUE: *Motrin Ad Gives Moms a Headache *Spam Response Rate Is Low, but Still Worth the Effort *Targeted Ad Service Sued for Privacy Violations *Court Stops Sale of Keystroke Tracking Software *Microsoft...more

Intellectual Property - 2008 Winter Bulletin

by Fenwick & West LLP on 3/3/2008

In This Bulletin: *California's Amended Right of Publicity Statute (California Civil Code Section 3344.1) *Ethical Limits on Investigations in IP Litigation *Quick Updates Please see full bulletin for more...more

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Commercial Law & Contracts › Privacy › Personal Injury