Privacy Civil Remedies

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Standing in Data Breach Cases – Still a Moving Target

Where do we stand on standing in data breach cases? It depends on which court you ask. In December 2014, two courts considered whether plaintiffs alleged sufficient injury in their complaints involving well-known data...more

Court Dismisses Data Breach Class Complaint For Lack Of Standing

On February 11, 2015, the U.S. District Court for the Southern District of Texas held that a plaintiff lacked standing to pursue claims for alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq....more

In Nevada Court, Millions of Dollars Wasted in the Name of Macau Data Privacy Law

Clark County Nevada District Judge Elizabeth Gonzalez is considering further sanction against Sands China Ltd. for redacting “personal information” from about 2,600 documents the company produced in 2013 as part of an ongoing...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

Not "Clearly Frivolous" - City Loses Attorney's Fees in Public Records Act Case

Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA...more

Further encouragement for private enforcement of competition law: European Courts allow greater information about cartel conduct...

The details regarding cartel conduct contained in the decisions of the European Commission and national competition authorities are highly relevant to the follow-on cartel damages litigation that are now so common in Europe....more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

HIPAA Violation — Pharmacy Held Liable for Employee’s Misdeeds

Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records.  Given the...more

Public’s Interest in Records of Police Shooting Trumps OPRA’s Ongoing Investigation Exception

The public’s right to access government documents garnered additional support in New Jersey last week when a state trial court ruled that law enforcement records related to the police shooting of a black man who allegedly...more

Online Retailer Zappos.com Reaches Settlement with Nine Attorneys General Over Data Security Breach

Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24...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

Massachusetts Fines Bank for Data Breach

On December 8, a large bank settled with the state of Massachusetts for $825,000 over a data breach that exposed the personal information of at least 260,000 customers. In March 2012, the bank allegedly lost unencrypted...more

Right to privacy still tentative in Japan

The Tokyo District Court has ruled in the case of a plaintiff who claimed his privacy rights had been violated because Google search engine results of his name included news articles suggesting he had a criminal past....more

Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can...more

Blog: Beth Israel To Pay $100,000 for Massachusetts Health Information Breach

Beth Israel Deaconess Medical Center (Beth Israel) reached a settlement with the Massachusetts Attorney General’s Office for a data breach in which a physically unsecured laptop was stolen containing personal and protected...more

Employer Wins Dismissal of Federal Claims for Wiping Data from Terminated Employee’s Smart Phone

In one of the first reported cases of its kind, a federal district court in Texas recently dismissed federal claims brought under the Electronic Communications Privacy Act (“ECPA”) and the Consumer Fraud & Abuse Act (“CFAA”)...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

Pharmacy Liable for Employee’s Illegal Peek at Customer Prescription Records

In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This...more

Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

Texas Supreme Court weekly orders (11/14)

In its weekly orders (11/21/14), the Texas Supreme Court issued five new opinions and granted review in three cases. Click here to read the order list and find the opinions....more

Advertising Law - November 2014 #2

Shhhhh…Whisper Faces Lawmaker Scrutiny Over Privacy Claims - Just how safe is the purported “safest place on the Internet”?: Sen. Jay Rockefeller (D-W.Va.) wants to find out. The Chair of the Senate Committee on...more

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

FTC Settles With Debt Broker That Posted Consumer Financial Information

The Federal Trade Commission (“FTC”) has settled a complaint against consumer debt broker Bayview Solutions, LLC, as well as its principal, Aron Tomko, based on allegations that they had publicly disclosed the personal...more

Let’s Go To The Videotape: Can School Security Videos Be Subject To Disclosure Under FOIA?

School districts usually deny requests to view school video recordings, such as security tapes, in light of concerns about the privacy rights of students featured on these recordings. In a recent decision, the Freedom of...more

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

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