Proskauer on Privacy

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Firm Profile: Proskauer Rose LLP
Eleven Times Square
(Eighth Avenue & 41st Street)
New York, NY 10036-8299, United States
Phone: 212.969.3000
Fax: 212.969.2900
Areas Of Practice
  • Litigation
  • Privacy
  • Science, Computers, & Tech
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Same Song, Different Tune: Plaintiffs’ Bar Adds the Song-Beverly Credit Card Act to its Privacy Repertoire

Repurposing old laws to challenge new technologies has become the new normal in the privacy space. Plaintiffs continue to bring a kaleidoscope of privacy claims against companies in the tech age, reviving laws like the…more
 /  Finance & Banking, Privacy, Consumer Protection, Science, Computers, & Technology

Privacy Class Action Spotlight: Surge of Privacy Class Actions in Arizona Targeting Email Pixel Tracking

There has been a recent surge of privacy class action lawsuits under the Arizona Telephone, Utility, and Communication Service Records Act targeting the use of common email marketing analytics technologies. Defendants are…more
 /  Communications & Media Law, Privacy, Science, Computers, & Technology

Court Rejects Claims that Website’s Live Chat Feature Violates California’s Prohibitions on Wiretapping and Eavesdropping

Central District of California dismisses lawsuit alleging that a third-party’s interception of communications over a website’s live chat feature violated California’s wiretapping and eavesdropping prohibitions. Important…more
 /  Communications & Media Law, Privacy

The Emerging Legal and Regulatory Risks of Loyalty Programs

As part of our commitment to keeping you informed of new regulatory developments and their potential implications, we have highlighted recent statements by federal officials concerning loyalty programs, such as those involving…more
 /  Antitrust & Trade Regulation, Consumer Protection, Privacy

From Skinware to Spyware: L’Occitane’s CIPA War Against the Plaintiffs’ Bar

While French skincare company L’Occitane (the “Company”) successfully thwarted a mass arbitration effort by plaintiffs’ firm Zimmerman Reed and approximately 3,000 customers (the “Claimants”), the Southern District of California…more
 /  Consumer Protection, Privacy

Bidding Farewell, For Now: Google’s Ad Auction Class Certification Victory

A federal judge in the Northern District of California delivered a blow to a potential class action lawsuit against Google over its ad auction practices. The lawsuit, which allegedly involved tens of millions of Google account…more
 /  Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Class Action Spotlight: Latest Wave of Wiretap Class Actions Continues Despite Dismissals as Plaintiffs Try New Approaches

Over a hundred cases are pending from the wave of privacy class actions that commenced last year alleging violations of state wiretap statutes based on use of website session replay, chatbot and pixel technologies…more
 /  Civil Procedure, Communications & Media Law, Science, Computers, & Technology

FTC and OCR Unite to Safeguard Hospital and Telehealth Data from Online Tracking Threats

On July 20, 2023, the Federal Trade Commission (“FTC”) and the Office for Civil Rights of the United States Department of Health and Human Services (“OCR”) announced that they had sent a warning letter to about 130 hospital…more
 /  Consumer Protection, Health, Privacy, Science, Computers, & Technology

Going Beyond HIPAA – Washington Health Privacy Law Enacted: Broad Reach, Amorphous Scope, Big Litigation Risk

The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws…more
 /  Consumer Protection, Health, Privacy

FTC’s One-Two Punch on Data Tracking and Health Privacy

On March 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a $7.8 million settlement with mental health and online counseling platform, BetterHelp, Inc. (“BetterHelp”). The FTC alleged that BetterHelp…more
 /  Privacy

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud…more
 /  Consumer Protection

HHS Bulletin: Covered Entities’ Disclosure of PHI Collected via Online Tracking Technologies Falls under HIPAA

On December 1, 2022, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin to highlight the obligations of HIPAA-covered entities and business associates when using “online…more
 /  Consumer Protection, Health, Privacy, Science, Computers, & Technology

Paying the Ransom in Response to a Ransomware Attack can Sometimes Backfire

One of the key decisions that needs to be made in the aftermath of a successful ransomware attack is whether or not the victim organization can or should pay the ransom. Of course, there are many considerations that go into…more
 /  Consumer Protection, Privacy

SolarWinds: A Lesson on How Companies Victimized by Data Breaches Can Quickly Become the Target of Litigation and Regulatory Investigations

In 2020, SolarWinds Corp., a company that provided information technology software to private and government entities, was the victim of a cybersecurity breach. Russian hackers are believed to have slipped malicious code into a…more
 /  Consumer Protection, Privacy, Science, Computers, & Technology

Amazon’s Recent Acquisitions Highlight the Value of Consumer Data (and the Evolving Privacy Issues)

Roughly two weeks apart, on July 21, 2022 and August 5, 2022, respectively, Amazon made headlines for agreeing to acquire One Medical, “a human-centered and technology-powered primary care organization,” for approximately $3.9…more
 /  Privacy
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