Privacy Communications & Media Civil Procedure

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California Appellate Court Holds Police Video of Arrest Not Protected Under Pitchess

Only a Record Generated as Part of an Internal Investigation is Protected by Pitchess - The California Court of Appeal has ruled in City of Eureka v. Superior Court (Greenson) that a police “dash cam” video of an...more

TCPA Connect - July 2016

FCC: U.S. Government Is Not a Person Under TCPA - In response to petitions filed by three government contractors seeking clarification that the federal government and its agents were exempt from liability under the...more

Tendering Funds to Support Unaccepted Offer of Judgment Still Does Not Moot Case

On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case.  In Campbell-Ewald, the Supreme Court ruled that an unaccepted Rule 68 offer of judgment did not...more

Facebook and HIPAA: Strange Bedfellows

As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc., — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile...more

Socially Aware: The Social Media Law Update Volume 7, Issue 4

Mixed Messages: Courts Grapple With Emoticons and Emoji - Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more

Google Prevails In Privacy Case Before Third Circuit - But Court’s Decision May Leave Door Open For Future Video Privacy Suits

On June 27, the U.S. Court of Appeals for the Third Circuit, in a precedential opinion, rejected the allegation that Google and Viacom violated the Video Privacy Protection Act (“VPPA”) and federal and state wiretapping...more

Advertising Law - July 2016

Ad Company's Geotargeting Locates a $1M Penalty - InMobi, a Singapore-based mobile advertising company, will pay almost $1 million in civil penalties and implement a comprehensive privacy program to settle charges that...more

Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy...

In an instructive opinion on how intangible harms can cause injuries sufficient to confer standing on plaintiffs—and a rare example of the U.S. Supreme Court’s latest ruling on standing aiding plaintiffs—a West Virginia...more

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

Facebook Wins Appeal Over Storing Non-User Data in Belgian Court

The Belgian data protection authority has lost its legal battle with Facebook over whether the social network could track the online activities of non-Facebook users in Belgium who visit Facebook pages....more

Third Circuit Lets Google Give Cookies to Kids

Rarely does whether a child has a cookie rise to the level of a federal question. However, on June 27, 2016, in In re Nickelodeon Consumer Privacy Litigation, No. 15-1441, a panel of the Third Circuit Court of Appeals...more

Third Circuit Tackles New VPPA and Other Privacy Questions in In re Nickelodeon Consumer Privacy Litigation

The Third Circuit Court of Appeals handed the defendants a partial victory in In re Nickelodeon Consumer Privacy Litigation on June 27. While its decision last year in In re Google Inc. Cookie Placement Consumer Privacy...more

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing...more

Wisconsin Federal Court Finds Spokeo Spells the End for Consumer Privacy Class Action

In a sign of the continuing significance of the U.S. Supreme Court’s recent ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016), another federal court has cited that ruling in dismissing claims for lack of Article III...more

Six Key Consequences of the D.C. Circuit Upholding Net Neutrality

On its third try, the Federal Communications Commission finally got the sweeping net neutrality court victory it had been seeking for years. In US Telecom v. FCC, the U.S. Court of Appeals for the District of Columbia...more

TCPA Connect - June 2016

Lyft Swerves to Avoid TCPA Claim, But Suit Continues - A Washington federal court issued a mixed decision for Telephone Consumer Protection Act defendant Lyft recently by allowing the suit to move forward on state law...more

Rule Change Would Let Law Enforcement Access Computers Remotely Regardless of Location

The Supreme Court recently adopted a proposed change to Rule 41 of the Federal Rules of Criminal Procedure that would allow a federal judge to issue warrants authorizing government agents to access computers located in any...more

Political Organizations File Suit Over Constitutionality of TCPA

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more

Fourth Circuit joins other circuits holding no warrant is required for cell tower data

The Fourth Circuit held that the Government is not required to obtain a warrnt for cell tower data in United States v. Graham, 4th Cir., No. 12-4659, en banc (5/31/16). The Court found that cell tower data was voluntarily...more

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal...more

No Capacity and No Liability: Court Rules Dialing System Is Not Subject to TCPA and Verizon Is Not Vicariously Liable

In its July 2015 declaratory ruling, the FCC significantly broadened the TCPA’s definition of an automatic telephone dialing system (ATDS) to encompass not only equipment with the “present ability to dial randomly or...more

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

PayPal Reaches Settlement With Texas Over Venmo Privacy and Security Disclosures

Venmo is a peer-to-peer mobile payments service that PayPal acquired in 2013. Users can transfer money to another person using a mobile or web application (e.g., send money to a friend to split the cost of dinner). On May 20,...more

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