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A Classy Affair: Class Action Lawyers Race to Courthouse in Wake of Ashley Madison Data Breach

Illicit affairs have always imposed risks – from marital discord and divorce to boiling bunnies and Maury appearances. However, when old-school adultery met new-school technology on the Ashley Madison infidelity website,...more

You Can Check Out Any Time You Like… But Your Information Might Never Leave

When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that...more

Newest FDA Newsletter from AGG

Once a month, AGG’s terrific FDA team publishes a newsletter updating readers on the latest regulatory news affecting food/drug companies–including those from Ireland and Northern Ireland. The August newsletter is here and...more

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

Government Dismisses Its Case After Warrantless Airport Laptop Search

The government has voluntarily dismissed its case against Jae Shik Kim, the South Korean businessman for whom Ifrah Law obtained a motion to suppress in federal court. In 2012, Mr. Kim was stopped by federal agents as he...more

Can You Videotape Someone Else’s Conversation?

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Anti-robocalling statute banning automated political calls found unconstitutional

On August 6, 2015, the Fourth Circuit upheld a lower court’s decision that the South Carolina anti-robocall statute was unconstitutional. The South Carolina robocall statute targeted automated telephone calls that were...more

Northern District of California Requires A Warrant to Access Cellphone Geographic Information

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more

Industry Players Weigh In on Spokeo

A few months ago, we reviewed the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and the implications that a ruling in the case will have on the landscape of litigation under privacy...more

Neiman Marcus files Petition for Rehearing En Banc

We previously reported on the Seventh Circuit’s reversal of the District Court’s dismissal of the data breach class action case against Neiman Marcus. On August 3, 2015, Neiman Marcus filed a Petition for Rehearing requesting...more

4th Circuit holds that obtaining cellphone location information without a warrant is unconstitutional

We have been watching the warrantless search cases closely. Yesterday, (August 5, 2015), the Fourth Circuit Court of Appeals held that it was unconstitutional when law enforcement used their cell phone location information...more

Neiman Case a Harbinger For Data Breach Cases? Not So Fast

Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or...more

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups...

On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of...more

Hacked Class Can Sue Pre Injury

Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more

Does Free Credit Monitoring Do More "Harm" Than Good?

The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing. ...more

U.S. Senate Proposes Bill Requiring Warrants Prior To Use Of Drones By Federal Law Enforcement

Senators Ron Wyden (D-Oregon) and Dean Heller (R-Nevada) have introduced a bill that would require a warrant prior to the use by any federal entity—including federal law enforcement—of a “mobile aerial-view device.” Such...more

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

California Bill Requiring Mobile, Cloud Search Warrants Advances

On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...more

Turkey Officially Permits the International Transfer of Personal Data in Telecommunications Sector

In 2012 Turkey’s telecommunications sector regulator, the Information Technologies and Communication Authority (“ICTA”), issued a new regulation on the Processing of Personal Data and Protection of Privacy in the Electronic...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

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