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Court Grants Standing Against Coca-Cola Employer for Breach of Employee Information

The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury. In the latest in a slew of...more

Reply Brief filed in Spokeo v. Robins – Oral Argument next on Nov. 2

In its reply brief in Spokeo v. Robins, petitioner Spokeo comes out of the gate with the consequential argument that for Robins to prevail, the Supreme Court must accept his position that every violation of a statutory right...more

Fiat moves to dismiss proposed class action suit

Late last week, Fiat filed a Motion to Dismiss the proposed class action against it following reports of hacking into vehicle information systems and its announcement that it was recalling 1.4 million Dodge, Ram and Jeep...more

Data Breach Class Claims Survive Clapper

On appeal to the Seventh Circuit, a three-judge panel opinion written by Chief Judge Woods reversed the lower court. Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814, at *3 (7th Cir. July 20, 2015). The panel...more

Circuit Split on Standing in Data Breach Class Actions Survives Clapper

Last Friday, the Seventh Circuit Court of Appeals denied a retailer’s petition for rehearing en banc of a three-judge panel opinion holding that plaintiffs whose credit card information was stolen in a data breach had...more

It’s Déjà Vu All Over Again: FDA Sued Again in Off-Label Promotion Case

To quote the late Yogi Berra, it must feel like déjà vu all over again for the Food and Drug Administration (FDA) (or, if you prefer, Crosby, Stills, Nash & Young’s song, “Déjà Vu” (“We have all been here before”)). Fresh off...more

New French Act on Intelligence Services: Impacts on Technical Operators

The newly enacted French legislation on intelligence services ("Loi relative au renseignement") has been almost entirely approved by the French Constitutional Court and shall fully enter into force by December 2015, at the...more

Guest Post - Game of Thrones, the FDA Under Attack, An In-House View of Amarin

Today's guest post is a first for this blog in two ways, first, our guest poster is anonymous. Second, our guest post is from an in-house source. The two are, of course, related. While it is important to us as lawyers that...more

One Small Step for Amarin & One Giant Leap for Pharmaceutical Companies? - Only Time Will Tell

Friday’s ruling in Amarin Pharma, Inc. v. United States Food & Drug Administration is a monumental event. It signals the dawn of a new era for prescription drug promotion....more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Blog: Significant Court Decision Issued Today re: Off-Label Promotion

A highly anticipated decision was issued today in the U.S. District Court for the Southern District of New York in the case, Amarin Pharma Inc. et al. v. Food and Drug Administration et al. (case no. 1:15-cv-03588). See this...more

Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more

Evening The Score On Off-Label Use Information

Two stories in 360 yesterday – the timing was pure coincidence – have us thinking again about the FDA’s muddled and increasingly untenable position on truthful off-label “promotion” – broadly defined as any accurate...more

Nevada Federal District Court Follows National Trend, Dismisses Data Breach Class Action for Lack of Standing

In granting a motion to dismiss a data breach putative class action lawsuit, the District of Nevada joined the majority of federal district courts in holding that plaintiffs whose personal information was stolen lack Article...more

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more

Damned If You Do, Damned If You Don’t: Why The FTC’s Lack of Privacy Regulations May Lead Some Businesses To Abandon Best Data...

I chose to write my privacy law paper on the FTC and its seemingly limitless enforcement authority. Specifically, I argued that the FTC’s lack of clear regulations makes it difficult, if not impossible, for companies to be...more

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

Washington State Newsletter - Spring 2015

2014 Year in Review - Last year was another successful year for the JAMS Seattle Resolution Center. We welcomed esteemed King County Superior Court Judge Deborah Fleck to our panel, added 1,900 square feet to...more

Frontiers Of Data Breach Litigation: Standing Issues Presented To Seventh Circuit In Lewart v. P.F. Chang’s China Bistro, Inc.

In a brief made public on March 10, P.F. Chang’s China Bistro, Inc. urged the U.S. Court of Appeals for the Seventh Circuit to affirm a lower court’s decision to toss out two consolidated complaints filed against the company...more

The 'Palmetto Put-Down' Endangers Drug Cos. Nationwide

On Feb. 25, 2015, nearly two years after argument, the South Carolina Supreme Court directed entry of a $136 million judgment against Janssen Pharmaceuticals Inc. These civil penalties stemmed from a suit brought by the...more

Lenovo’s Unsecure Adware On Consumer PCs Prompts Class Action Lawsuits

Security experts recently discovered that about 50 different consumer PC models sold by Lenovo since September 2014 were shipped with adware known as Superfish Visual Discovery that could be exploited by hackers to spoof...more

Does the E.U. “Right to be Forgotten” Pose a Threat to Companies in U.S.?

Even observed from “across the pond,” the right of European Union (“E.U.”) consumers to compel an Internet search engine to de-link specific personal information of the consumer from certain search results – the “Right to be...more

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

FDA Proposed Rule in Flux?

On Tuesday, the U.S. Food and Drug Administration (FDA) announced that it has reopened the comment period for its proposed rule on generic drug labeling. It has also scheduled a day-long public meeting to hear comments and...more

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