Consumer Protection Science, Computers & Technology Civil Procedure

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Actavis Amici Briefs Don’t Support Injunction

The expedited appeal to the Second Circuit pits New York State’s arguments for facilitating competition in a “molecule market” (a product market defined by the active ingredient of a prescription drug) against the brand name...more

Speed of Pharmaceutical Innovation at Stake in N.Y. Antitrust Lawsuit

A pharmaceutical firm’s ability to efficiently produce and promote a better treatment for Alzheimer’s disease lies at the center of an antitrust lawsuit pending before the U.S. Court of Appeals for the Second Circuit. In...more

Will 2015 Be The Year of the Data Breach Class Action?: Target Data Breach Claims Survive Motions to Dismiss

Various media outlets dubbed 2014 “the Year of the Data Breach.” Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action...more

Data Breach Litigation – Financial Institutions Score Another Shot

Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013...more

Data Breach Plaintiffs Survive Dismissal Against Target

Target’s 2013 data breach has generated over 100 consumer lawsuits, which were consolidated last year before the U.S. District Court for the District of Minnesota. On December 18, 2014, Judge Paul A. Magnuson issued a...more

California’s Northern District Bucks Standing Trend in Data Breach Class Action

A recent California federal district court order may prove a massive boon to data breach class action plaintiffs. The Northern District of California order, issued in In re Adobe Systems, Inc. Privacy Litigation, denied...more

Court Grants Motion To Dismiss Allegations Against P.F. Chang’s

In a seven-page opinion, the U.S. District Court for the Northern District of Illinois granted P.F. Chang’s motion to dismiss claims brought by two of its customers alleging that P.F. Chang’s failed to comply with reasonable...more

PIPA Update - December 2014

As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of...more

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major...more

Target Takes Aim at Consumers after Banks Win Opening Round

On Thursday, the attorney for Target Corporation (“Target”) made oral arguments in support of its motion to dismiss consumer claims stemming from the data breach it suffered late last year when hackers stole financial and...more

Attention Retailers: Target Data Breach Ruling Finds Duty Owed to Issuer Banks

The Court hearing the Target data security breach litigation issued a ruling on December 2, 2014, largely denying Target’s motion to dismiss the Consolidated Amended Class Action Complaint in the Financial Institutions Cases....more

U.S. District Court in Minnesota Denies Target’s Motion to Dismiss Data Breach Lawsuit

On December 2, 2014, the U.S. District Court for the District of Minnesota denied Target’s motion to dismiss the claims of a group of five payment-card-issuing banks, credit unions, and savings associations (the “Banks”) that...more

Storing IP addresses – German referal to the ECJ

(Decision of 28 October 2014, VI ZR 135/13) - The German Federal Supreme Court had to decide whether the Federal Republic of Germany may save the IP address of a visitor to their websites beyond the termination of the...more

Europe: Right to be forgotten guidelines adopted by WP29

The Article 29 Working Party, the European data protection advisory body consisting of representatives of the national data protection authorities of the EU Member States, announced yesterday that they have adopted guidelines...more

Court Finds Article III Standing for Food Labeling Class Action Plaintiffs

In a consumer-protection class action filed against Gerber in the District of New Jersey, In re Gerber Probiotic Sales Practices Litigation, plaintiffs alleged that the marketing and labeling of Gerber’s infant formula and...more

Federal Trade Commission Announces Settlement with TRUSTe Over Privacy Seal Program

On November 17, 2014, the Federal Trade Commission (FTC) announced a settlement with True Ultimate Standards Everywhere (TRUSTe) resolving allegations that TRUSTe failed to conduct annual recertifications for its privacy seal...more

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

California Health Care Providers Successfully Ward Off Data Breach Lawsuits

In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically...more

California District Court Certifies TCPA Class Against Defaulted Defendant

The District Court for the Southern District of California certified a consumer class asserting violations of the Telephone Consumer Protection Act (“TCPA”) by defendant Bennett Law, PLLC. Plaintiff alleged that she received...more

Two Privacy Class Actions: Facebook and Apple (Part 2)

This was a claim by a representative plaintiff, Ms. Ladas, alleging that Apple breached the customer’s right to privacy under the Privacy Act (B.C.), since iOS 4 records the location of the “iDevice” (that’s the term used by...more

Call me, maybe? New technology, mobile marketing and the TCPA

Mobile marketing is the new frontier, and many companies across many industries are increasingly using technology to communicate with consumers through text messaging. As mobile campaigns proliferate, so do class actions...more

Data Breach Case Update: Shareholder Derivative Suit Dismissed

We recently discussed the increase in data breach litigation which resulted after several high-profile data breaches. You can read those articles here and here. Not surprisingly, several of these suits involve class actions...more

Web-Based Platform Not Autodialer under TCPA, California Federal Court Rules

A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more

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