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No Standing for Data Breach Plaintiffs in Southern District of Texas Class Action

Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. ...more

UPDATE: German Government Proposes New Law Entitling Consumer Protection Organizations to Enforce Data Protection Law

As a general rule, court actions on data protection breaches are an exemption. As reported in our Newsflashes in March 2014 and August 2014 the German government is planning to encourage court actions against breaches of data...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

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

Citizen Petitions Aimed at Delaying Generic Competition Remain a Concern

Despite Congress enacting legislation in 2007 to curb misuse, citizen petitions submitted by pharmaceutical companies to the Food and Drug Administration (FDA) may still provide a mechanism for competitors to delay the...more

In re Nexium: The heartburn drug case that may cause heartburn

In a November 30, 2013 post, we wrote about the District of Massachusetts' class certification decision in the antitrust case, In re Nexium. There, the district court certified a class of consumers and other payors who...more

Northern District of California Adopts Flexible Approach To Analyzing Pre-Certification Standing Issues

The United States District Court for the Northern District of California partially granted and partially denied a motion to dismiss based on the standing of 18 named plaintiffs from 13 different states seeking class...more

First Circuit Upholds Class Certification in Nexium Indirect Purchaser Case

In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...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

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

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