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Vizio and Google Data Privacy Class Actions Illustrate Risks of Data Collection – And Defensive Value of Robust Disclosures

Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users....more

District Court Grants Final Approval In Target Consumer Data Breach Class Action

On November 17, 2015, the federal district court overseeing the Target data breach litigation granted final approval to the consumer class action arising out of the 2013 Target data breach. The court certified, for final...more

Is Your Privilege On Target? Lessons in Protecting Privilege from the Target Data Breach

The Target data breach has been the source of countless discussions of what to do and what not to do following a data breach. A recent ruling from the federal district court overseeing the consumer class action provides...more

Third Circuit Slams Google’s Allegedly ‘Deceitful’ Cookie Practices

Exploiting loopholes in Internet users’ cookie-blocking settings while claiming to protect them from cookies is a serious and deceitful invasion of privacy, the Third Circuit held November 10....more

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s...more

How invalidation of EU-U.S. Safe Harbor framework may affect U.S. companies

It’s very unusual for a decision of a foreign court on a technical subject such as data transfer to make headlines in the United States, but an October ruling by the Court of Justice of the European Union, Europe’s highest...more

Administrative Law Judge Dismisses FTC’s Complaint Against LabMD In Data Breach Case, Citing Lack Of Consumer Harm

On November 13, 2015, the Chief Administrative Law Judge (“ALJ”) Of the Federal Trade Commission (“FTC”) dismissed an Administrative Complaint against LabMD, Inc. (“LabMD”) regarding its data security practices. In a 92-page...more

Blog: FTC Enforcement Powers Limited in LabMD Data Security Case

Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more

The Telephone Consumer Protection Act Overview

The TCPA has been a source of significant class action activity in recent years as businesses seek to navigate the law and plaintiffs’ lawyers seek to exploit its many ambiguities....more

FTC Administrative Law Judge To FTC: "Not So Fast On Data Security Enforcement!"

After repeatedly losing various challenges to the Federal Trade Commission's ("FTC's") authority to investigate and sanction it for alleged data security violations, LabMD Inc. ("LabMD") has finally come out on top, at least...more

FTC Fails to Prove Case Against LabMD

Last Friday, Chief Administrative Law Judge D. Michael Chappell ruled that the FTC had failed to prove its case against LabMD and dismissed the FTC's Complaint. LabMD is one of only two companies (the other being Wyndham) to...more

7th Circuit: Consumers are Not Injured by the Undisclosed Sale of Personally-Identifiable Information

On November 18, 2015, the U.S. Court of Appeals for the 7th Circuit held that consumers who authorized defendants to share their personally-identifiable information (PII) with third parties were not injured when defendants...more

FTC Jurisdiction in Data Security Regulation Potentially Limited in FTC v. LabMD

A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC jurisdiction in the data privacy space. The case began when the FTC filed a...more

FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

ALJ Dismisses FTC’s Data Security Suit Against LabMD for Failure to Prove ‘Substantial Injury’ to Consumers

In a landmark decision, an administrative law judge dismissed the FTC’s long-running data security lawsuit against Atlanta-based cancer screening laboratory, LabMD Inc., following an alleged data breach. Chief Administrative...more

Cookies, Promises, and California: Why the 3rd Circuit Revived Privacy Claims Against Google

Last week, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet Explorer and...more

Standing Issues Could Still Derail Google Cookie Placement Litigation

In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more

FTC Blasted in LabMD Data Security Case

In a long-running and highly contentious data security enforcement action against LabMD, a small medical testing laboratory, the Federal Trade Commission was handed a stunning defeat late Friday. In a 92-page ruling, Chief...more

Which Way is the “Wyndham” Blowing? Cyber Regulation After FTC vs. Wyndham

Does the Third Circuit’s recent decision in FTC v. Wyndham Worldwide Corp. usher in a new era of enforcement by the FTC and other federal agencies regarding cybersecurity practices? Regardless of the answer, it is important...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

FCC settles data security enforcement action with Cox

In what had been touted as the first data security enforcement action with a cable operator, the Federal Communications Commission (FCC) has agreed to settle an enforcement action following a data breach with Cox...more

Advertising Law - November 2015 #2

It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more

How to use the Rule 26(f) Conference to avoid data dumps

Back in the days of paper discovery—when productions came in bankers’ boxes and document reviews involved paper cuts—litigators would attempt to try to gain a tactical advantage by “burying” opponents under mountains of...more

U.S.-EU Safe Harbor Framework for Data Sharing

Exactly one month after the Court of Justice of the European Union (CJEU) released its judgment in Maximillian Schrems v Data Protection Commissioner (C-362-14), the European Union released a Communication discussing the...more

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