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Data Privacy: The Next Frontier of Corporate Compliance
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PREVENTING AND RESPONDING TO DATA BREACHES IN AN ERA OF CYBER INSECURITY
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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
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
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
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
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
(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
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
A major national bank will pay $850,000 for allowing a data breach to compromise the personal information of 260,000 of its customers. Nine states — Connecticut, Florida, Maine, Maryland, New Jersey, New York, North Carolina,...more
On October 24, 2014, the Federal Communications Commission (FCC) levied a $10 million fine against two telecommunications companies that allegedly stored unencrypted personally identifiable customer data online with no...more
Data protection breaches do not entitle per se to claim damages that damages have to be proven by the plaintiff according to the Italian Supreme Court....more
In a departure from the mounting body of case law finding that the “increased risk of future harm” is insufficient to confer Article III standing on victims of a data breach, the U.S. District Court for the Northern District...more
By now we all know a hacker accessed the personal iCloud accounts of dozens of A-list celebrities and leaked nude photos of stars such as Jennifer Lawrence, Kate Upton, Kirsten Dunst, and Victoria Justice. The anonymous...more
As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more
A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class...more
U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern...more
On May 14, a Georgia federal court dished out severe contempt sanctions against Hi-Tech Pharmaceuticals, its president and two others for violating a 2008 court order relating to the advertising and labeling of Hi-Tech’s...more
In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities....more
Germany's data protection laws, already known as one of the strictest in the world, are facing an even stricter approach when Federal Minister of Justice Heiko Maas on February 11, 2014 announced a new draft bill that would...more
A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more
In the latest chapter in the Sony PlayStation Network (“PSN”) data breach saga, a decision that issued on January 21, 2014 permanently dismissed all but a handful of the class action claims advanced in a 51 count complaint. ...more
United States District Court for the Northern District of Illinois, Eastern Division (Judge Thomas M. Durkin); MEMORANDUM OPINION AND ORDER re Dismissal of Civil Action based upon the Illinois Loss Recovery Act, 720 ILCS...more
Electronic Notice by Claims Administrator Garden City Group to US Full Tilt Poker Player Victims re Fund Remission Process, Protocols, and Procedure.
On September 16th, 2013 the Full Tilt Poker Claims...more
The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more
On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more
In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another...more
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