Communications & Media Civil Procedure Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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UK: Use of image taken from social media breaches UK media privacy rules

By Duncan Calow and Verity Young The UK Independent Press Standards Organisation has upheld a complaint against a newspaper after it published an image taken from social media without consent picturing a man who had been...more

The New Wave of Data Breach Settlements

4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to...more

Third Circuit Clarifies the Ascertainability Standard in Class Certification Proceedings

In a precedential opinion issued on April 16, 2015, the Third Circuit sought to clarify its requirement that a proposed class be sufficiently ascertainable in order to be certified under Fed. R. Civ. P. 23(b)(3). Expressing...more

Jury awards plaintiff $12,000 for Dish Network’s TCPA violations

On April 2, 2015, Ohio U.S. Magistrate Judge Stephanie K. Bowman ruled for the plaintiff, Benjamin Maraan, in his Telephone Consumer Protection Act (TCPA) case against Dish Network LLC (Dish). Maraan was awarded $12,000 for...more

Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology...more

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015

In re Hulu Privacy Litigation - USDC, N.D. California, March 31, 2015 In Depth: District court rejects Video Privacy Protection Act claim against video streaming provider Hulu, finding insufficient evidence...more

Court Further Clarifies Required Elements Of A Video Privacy Protection Act Claim In In re Hulu Privacy Litigation

After over four years of litigation on the cutting edge of modern Video Privacy Protection Act (“VPPA” or the “Act”) litigation, Magistrate Judge Laurel Beeler of the United States District Court for the Northern District of...more

Microsoft versus the Federal Government; Round Three

Microsoft Corporation’s (Microsoft U.S.) reply brief is due this week in its appeal of The District Court for the Southern District of New York’s order to comply with the U.S. government’s warrant requiring the turnover of a...more

Florida Court of Appeal: Photos on Facebook are Fair Game in Discovery

Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more

Walgreen Settles Prescription Robocall Suit for $11 million

Walgreen Co. this week settled a putative class action law suit alleging that it violated the Telephone Consumer Protection Act (TCPA) for $11 million. The plaintiffs alleged that Walgreen violated TCPA when it placed...more

TCPA Litigation Newsletter - April 2015

In This Issue: - TCPA Litigation And Regulatory Interpretation - Class Certification - Settlements - Insurance Coverage - Excerpt from TCPA Litigation And Regulatory...more

Too Much Information – Eleventh Circuit’s Review of Ellis May Define “Personally Identifiable Information” for Cell Phone Users

On March 2, 2015, The Cartoon Network Inc. (“Cartoon Network”) filed its response brief in Mark Ellis v. Cartoon Network Inc., asking the Eleventh Circuit Court of Appeals to uphold the district court’s dismissal of the...more

Advertising Law - March 2015 #3

Response To FCC’s New Net Neutrality Regs Anything But Neutral - In a split vote, the Federal Communications Commission approved a new net neutrality measure that would ban fast lanes and re-label broadband as a...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Sony and Its Insurers Wrangle over Coverage for Data Breach

According to a Law360 report, Sony Corp.’s lawyers recently asked a New York appeals court to overturn a trial court’s ruling that a data breach did not involve the “publication” of private information within the meaning of...more

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Caribbean Cruise Line Obtains Dismissal of Putative TCPA Class Action

On March 25, 2014, Brian Jackson received a text message on his cellular phone, allegedly making an offer for cruise ticks on behalf of Caribbean Cruise Line (“CCL”). Jackson filed suit against AdSource Marketing Ltd....more

Rewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom, Google and Dow Jones

Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind...more

Courts Continue To Find That Unique Device Identifiers Are Not Personally Identifiable Information (PII) Under The Video Privacy...

Two recent federal district court rulings regarding the Video Privacy Protection Act (VPPA) follow the emerging trend of decisions indicating that courts are reluctant to find violations of the VPPA for sharing anonymous...more

Kight vs. CashCall – raising the bar for certification in call recording class actions

The California Invasion of Privacy Act, Penal Code sections 630 et seq. (CIPA) is only a credible threat if plaintiffs can achieve class certification. Otherwise, the case is nearly valueless, and will fall to the curb in no...more

FRANCE: Right To Be Forgotten – Application Of The Balancing Test Derived From The Google v. Costeja Case

In a December 2014 decision, a French judge ruling in injunctive proceedings gave a new and interesting illustration of how national judges may use the ECJ’s Costeja v. Google case, as well as the related guidelines adopted...more

Dow Jones’ Disclosure Of User Viewing History Found Not To Violate Video Privacy Protection Act

On January 23, 2015, the U.S. District Court for the Northern District of Georgia held that disclosure of user viewing history and a Roku viewing device serial number by Dow Jones Company (“Dow Jones”) did not violate the...more

"California Consumer Class Actions: What CashCall Means for Businesses in Privacy Cases"

The California Invasion of Privacy Act (CIPA) imposes criminal penalties on anyone who intentionally "eavesdrops upon or records [a] confidential communication" in California without the consent of all parties to the...more

Viacom and Google Win Important Dismissal in Online Tracking Class Action

Last week the United States District Court for the District of New Jersey dismissed, with prejudice, class action claims against Google and Viacom concerning targeted advertising and the online tracking of children through...more

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