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Federal Court Decision Demonstrates Ongoing Challenges Faced by Plaintiffs in Data Breach Litigation

On February 11, 2015, the U.S. District Court for the Southern District of Texas dismissed a class action complaint against the St. Joseph Health System arising out of a data security breach that occurred after hackers...more

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

Delicate balance between right to be forgotten and information access

The right of oblivion (le droit a l’oubli) has a distinctly French air, perhaps more reminiscent of existentialist philosophy than of legal codes. That right, though, is enshrined in French law, providing convicted criminals...more

Northern District of California Adopts Flexible Approach To Analyzing Pre-Certification Standing Issues

The United States District Court for the Northern District of California partially granted and partially denied a motion to dismiss based on the standing of 18 named plaintiffs from 13 different states seeking class...more

European Commission and EU Art 29 dispel the myths on the ECJ's decision in Google Spain

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints...more

Court Grants Motion To Dismiss Allegations Against P.F. Chang’s

In a seven-page opinion, the U.S. District Court for the Northern District of Illinois granted P.F. Chang’s motion to dismiss claims brought by two of its customers alleging that P.F. Chang’s failed to comply with reasonable...more

PIPA Update - December 2014

As previously reported in Workwise, on November 15, 2013, the Alberta Personal Information Protection Act (the “Act”), was declared invalid on constitutional grounds by the Supreme Court of Canada (the “SCC”) in the case of...more

The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week. After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie,...more

Subscriber Does Not Have Fourth Amendment Privacy Interest in Own IP Data

In 2012, the Supreme Court decided the case of United States v. Jones, 132 S. Ct. 945 (2012). Jones involved the government's use of a GPS tracking device on a vehicle and the information gleaned therefrom. The holding was...more

Target Takes Aim at Consumers after Banks Win Opening Round

On Thursday, the attorney for Target Corporation (“Target”) made oral arguments in support of its motion to dismiss consumer claims stemming from the data breach it suffered late last year when hackers stole financial and...more

Apple Strengthens Privacy Protections

Apple recently changed its privacy policy which has made headlines – it will no longer unlock iPhones and iPads for law enforcement. Prior to this change, Apple would assist law enforcement in unlocking Apple devices when...more

Waldman: Stop Immunizing Websites That Allow Harassment [Video]

Nov. 18, 2014 (Mimesis Law) -- Ari Waldman, Professor at New York Law School, talks with Lee Pacchia about the recent theft and online dissemination of intimate photos belonging to a number of celebrities such as Jennifer...more

The Right to be Forgotten

The inherent tension between privacy and liberty was in acute focus in the European Union Court of Justice’s ruling earlier this year on the “right to be forgotten”. In that case, Spanish national Mario Costeja Gonzalez...more

iSpy: Tracking Employees with GPS Technology on Mobile Devices

More than 90 percent of the 322 million cellular phones in use in the United States contain global positioning system (GPS) tracking devices that allow wireless carriers to obtain continuous, highly accurate information...more

California Court Raises Anew Questions of Standing in Data Breach Cases

There is no question that data breaches are among the most common and costly threats to consumers and companies alike. What remains the subject of vehement debate is whether plaintiffs in cyber-attack cases must allege stolen...more

California District Court Finds Threat of Future Harm Sufficient to Confer Article III Standing in Data Breach Action

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

Illinois Federal Court Grants Neiman Marcus’ Motion to Dismiss Data Breach Action on Article III Standing

Once again, a court finds that data breach plaintiffs do not have the requisite Article III constitutional standing to pursue civil action against a retailer – itself the victim of a cyber attack. Last week, the United...more

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

Right to be forgotten and the Google Advisory Council in Rome: main takeaways

As you all remember, last May the European Court of Justice ruled that Google must allow the de-indexing of web pages containing personal data, further to a lawful enforcement by the relevant data subjects of their right to...more

Court protects privacy in ruling on warrantless searches of cellphones

Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more

Courts Defer to Individual Privacy Interests by Requiring Warrant To Obtain Cell Phone Data and Cell Site Records in Riley and...

Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more

U.S. Supreme Court: Warrant Generally Required to Search Information on a Cell Phone, Even Incident to Arrest

The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more

Riley v. California Advances Individual Privacy Rights in this Digital Age

Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more

Supreme Court to Protect Information on Cell Phones

The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more

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