In This Issue:

- Data-Breach Class Actions After the Supreme Court Decision in Clapper

- California Supreme Court Holds That Song-Beverly Credit Card Act Does Not Apply to Online Purchases

- Massachusetts Privacy Law Prohibits Collection of ZIP Codes in Retail Purchases

- Recent FTC Settlement Highlights Agency’s Views on ‘Privacy by Design’

- Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response

- Excerpt from Data-Breach Class Actions After the Supreme Court Decision in Clapper:

One of the greatest concerns that companies face when they suffer a data breach is the potential for a class action lawsuit by all individuals whose data was effected. Such a case, if successful, could turn a merely troublesome event into one that has significant financial repercussions for the company. However, the Supreme Court’s recent decision in Clapper v. Amnesty International USA suggests that plaintiffs in such a case might not have standing if they have not suffered any actual harm from the data breach.

Please see full memorandum below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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