Invasion of Privacy

News & Analysis as of

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

Late last month, the Illinois Supreme Court essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate...more

Should You Install Security Cameras In Company Bathrooms? (Hint: NO)

Sometimes an employment lawyer is faced with a thorny question that involves multiple layers of analysis. Before advising a client, any good attorney will want to examine prior case decisions, statutory citations, regulatory...more

Court strikes down Illinois eavesdropping act, opens debate on privacy in the digital age

In two landmark rulings that may prompt further examination of how our laws identify and protect privacy interests, the Illinois Supreme Court has found unconstitutional Illinois’ long-standing electronic eavesdropping act....more

U.S. Patriot Act — Protection Against Attack Or Invasion Of Privacy?

In the aftermath of the 9/11 World Trade Center attack, Congress passed the Patriot Act. At the time, the Patriot Act was publicized as a necessary means of protecting a vulnerable nation. The fact that the law allowed the...more

ABA Journal - “Lawyer censured for buying keywords for other lawyers and law firms.”

I thoroughly disagree with this anti-competitive, anti-consumer censure. It’s bad precedent. I was the defense’s law firm marketing/social media expert witness in Habush vs. Cannon & Dunphy on this very issue...more

Third Circuit Attempts to Untangle Defamation and False Light Invasion of Privacy

CaptureIn Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The...more

Stick to Flowers on Valentine’s Day: Nurse Sends STD Diagnosis to Patient’s Girlfriend

John Doe is out-of-luck for a romantic Valentine’s Day this year. He recently discovered that his protected health information regarding treatment for a sexually transmitted disease (“STD”) was sent to his girlfriend. ...more

What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion...

Since 2006, companies based outside California have been alert to the potential burdens of class actions under California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630 et seq. The laws of most states, as well as...more

Google’s Breach of Canadian Privacy Rules

In a recent decision released by the Canadian Privacy Commissioner (PIPEDA Report of Findings #2014-001), the commissioner investigated a complaint that Google pitched ads to an individual based on medical information that he...more

Cyber Law Tracker: Recall Total v. Federal Ins. Co. – No Coverage for Data Breach under Commercial General Liability Policy

On January 14, 2014, the Connecticut Appellate Court issued a decision in Recall Total Information Management, Inc., et al. v Federal Insurance Company, et al., __ Conn. App. ___, 2014 WL 43529 (Conn. App. Ct. Jan 14, 2014),...more

Privacy Class Action – Article III Standing – 2013 Outlook

For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. Several key decisions addressed the issue in...more

Advertising Law -- Dec 19, 2013

FTC Focus in Spring 2014 – Privacy: Looking ahead to 2014, the Federal Trade Commission announced that it will host three spring seminars focused on consumer privacy and the implications of new technology....more

Evolving Expectations of Privacy: Klayman v. Obama

In a 68-page opinion, Federal District Judge Richard J. Leon of the District of Columbia ruled yesterday in Klayman v. Obama that the NSA's systematic collection of telephone metadata of millions of citizens violates the...more

A House Divided: Federal Judges Take Conflicting Positions on Wiretap Act Claims Against Google in California's Northern District

Last week, the U.S. District Court for the Northern District of California dismissed a class action claim that Google’s modifications to its customer privacy policies and subsequent sharing of customer data across Google...more

Do Not Post What Should Be Kept Private

When you met her during drop-off at your children's school she seemed like such a modest woman, hair pulled back in a pony tail as she kissed her kid goodbye at the classroom door. You never would have guessed what she and...more

Google pays BIG to state Attorney Generals for Improper Consumer Tracking

Earlier this month, Google, Inc. (“Google” or “Company”) entered into an agreement with the Attorney Generals of 37 states and the District of Columbia, settling allegations of violation of the participating states’...more

The Reports Of The Death Of Privacy Were Exaggerated: California Breathes New Life Into The Privacy Rights Of Its Residents

In a series of new bills amending existing California privacy laws, the State of California increases the protections presently provided to its residents by broadening the requirements for reporting breach of personal data;...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

Eleventh Circuit Affirms Dismissal of Claim against Insurer for Indemnification or a Defense for a Privacy Claim under a...

On October 22, 2013, in The Zodiac Group, Inc. v. Axis Surplus Insurance Co., the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of The Zodiac Group’s (Zodiac’s) claim against...more

Insurance Coverage for "Unauthorized Recording" Privacy Lawsuits

A California law against unauthorized recording is spawning consumer class action lawsuits against companies across the country. The statute provides for a $2,500 fine per violation and potential imprisonment for a "person...more

Angry Facebook Posts and Tweets by Passenger about an Airport Employee Considered Expression of Frustration and Therefore not...

Twitter, Facebook and other social networking sites have become the latest battleground between two often conflicting legal concepts: the right of a person to speak freely, even in a vitriolic way, versus the right of another...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Use Good Sense to Avoid Making Bad Law

Lawyers often say that bad facts lead to bad law. Cases with outrageous fact patterns can drive a judge or jury to stretch the law and make outcome-based decisions in order to provide relief to a sympathetic party. Lawyers...more

Bernstein Shur Business and Commercial Litigation Newsletter #32

We are pleased to present the 32nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases addressing the scope of non-solicitation agreements, a challenge to Google’s...more

Farah v. Esquire: a Primer

I have previously blogged about the panel that will be hearing the Farah v. Esquire appeal on October 3. Here’s a brief summary on the relevant background facts, the proceedings in the district court and the pertinent issues...more

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