Science, Computers & Technology Privacy Constitutional Law

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Cybersecurity: What is on the horizon for 2016

JD Supra recently published an attorney perspective piece on defining cybersecurity issues for 2016. It should come as no surprise that resolution of insurance coverage issues made the list. Despite a plethora of data...more

Data Breach Class Action Against Michael Stores Doesn’t Stick

The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more

SuperValu Consolidated Class Action Data Breach Complaint Dismissed For Lack Of Standing

On January 7, 2016, the U.S. District Court for the District of Minnesota dismissed for lack of standing the consolidated data breach complaint filed by consumers against SuperValu, Inc., AB Acquisition, LLC, and New...more

Michael’s Stores class action data breach case dismissed

Michael’s Stores, Inc. was dismissed from a putative data breach class action case involving the breach of 2.6 million payment cards as the plaintiffs were unable to show that they were injured as a result of the incident....more

Look for additional data breach class action cases, standing decisions and shareholders’ derivative suits in 2016

2015 was a banner year for data breaches and associated class action litigation. Toward the end of the year, class action cases were filed the same day as the notification. Based upon the data breach fallout in 2015, there is...more

“We’ve Been Hacked!”—New Developments in Cyber-Security Litigation

February’s Business Litigation Report advised clients that they could prepare for potential data breaches by conducting readiness audits and preparing cyber incident response plans. (See Traversing the Breach, February 2015.)...more

Top Posts of 2015

In descending order, here were the top posts from 2015. #7 Will Net Neutrality Kill the Internet 3.0? In February, the FCC passed the net neutrality rules. This seems like one of those issues, like most, that seemed...more

Poetic Justice – 2015 Wrap Up (Part 1 of 2)

This is the time of year to anxiously look forward to all that is anticipated to come in 2016. But it is also the time to look back at all that has happened in 2015. Rather than simply give you links to all of my stimulating...more

Data Breach Class Actions: 2015 Year in Review and 2016 Preview

As 2015 draws to a close, questions over standing in data breach class actions remain. Earlier this year, the Seventh Circuit denied retailer Neiman Marcus’s petition for rehearing en banc of a panel opinion holding that...more

No Harm, No Foul: Undisclosed Sale of Personally Identifying Information Does Not Give Rise to Standing to Sue

At a time when cybersecurity issues, privacy issues, and the protection of confidential personally identifying information (“PII”) from unauthorized use or identity theft are at the forefront of the minds of businesses and...more

Uber Data Breach Lawsuit Dismissed

A federal magistrate judge in California dealt another blow to data breach class actions by dismissing a proposed lawsuit against Internet car service Uber Technologies. The suit was filed after Uber revealed that as...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

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

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Supreme Court denies cert in case involving cell location privacy rights

On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146 asking (1) whether the acquisition of a cell phone user’s location data from his cellular service provider constitutes a...more

Spokeo, Palatine Cases Discuss Negligible Harm from Privacy Breaches, Could Put Damper on Suits

A recent argument and non-decision at the Supreme Court could have significant effects on plaintiffs’ lawsuits under consumer data protection and privacy laws. Last week, the Court heard arguments on the standard of harm for...more

California Gives the Fourth Amendment a 21st Century Makeover

The average American today generates more media than they did at any other point in history, and the ease with which our communications, photos, and videos are sent and stored digitally means most of us have more media stored...more

Should Smartphone Manufacturers Be Legally Compelled to Unlock Users’ Devices?

Picture this: A criminal defendant is indicted for three counts related to the possession of methamphetamine, and federal prosecutors obtain a warrant for the defendant’s iPhone. But the iPhone is passcode protected, and...more

The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release...more

Keeping the Data-Breach Headlines In Perspective

From the Sony Pictures settlement, to the Ashley Madison debacle, data breaches are making big headlines of late. And when it comes to one case in particular — the data breach at luxury retailer Neiman Marcus (Remijas v....more

California Law Enforcement and Industry Gain Procedural Certainty with Historic Cal-ECPA Bill

On October 8, 2015, Governor Jerry Brown of California signed into law Senate Bill 178, known as the California Electronic Communications Privacy Act (Cal-ECPA). Cal-ECPA mandates that California law enforcement agencies...more

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

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

FDA Regulatory and Compliance Monthly Recap — September 2015

Pacira sues FDA, alleging it illegally attempted to restrict truthful and non-misleading speech about its post-surgery pain drug Exparel - The drugmaker filed a First Amendment suit seeking an injunction to prevent the...more

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