Invasion of Privacy

News & Analysis as of

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Rhoads v. Margolis - Cal. App. 2d, January 26, 2015

In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more

Amber Coyle v. Michael O’Rourke - USDC, C.D. Cal., January 5, 2015

In Depth - Plaintiff models sue defendants in California state court for statutory invasion of privacy and common law misappropriation, and, following removal, district court remands because subject matter of state law...more

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the...more

California Privacy Law Update: What to Prepare for in 2015 and Beyond

California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...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

Avoid a Class Action Lawsuit Landing in Your Holiday Stocking

The holidays are quickly approaching, and shoppers are expected to spend in excess of $600 billion this season. The holiday season is shaping up to become a winter wonderland for retailers. However, brands that market or...more

Don’t Throw It Away: A Company May Not Have Rights to Confidential Information It Puts in the Garbage

Greenpeace, Inc. v. The Dow Chemical Co. - In an opinion that should remind us all of the importance of properly disposing of documents, the District of Columbia Court of Appeals upheld the dismissal of Greenpeace’s...more

Keeping Tabs on a Bad Neighbor

When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from...more

California Continues to Lead with New Legislation Impacting Privacy and Security

At the end of September, California Governor Edmund G. Brown, Jr. approved six bills designed to enhance and expand California’s privacy laws. These new laws are scheduled to take effect in 2015 and 2016. It will be...more

Status Updates - September 2014 #8

..Pin Money. Brands of all sizes have long used the virtual pin board/social media site Pinterest to promote their wares and drive traffic to their web sites. Beginning in October 2014, companies will be able to purchase paid...more

Don’t Make Promises That You Cannot Keep: Greenwich Silver Shield Association v. Town of Greenwich, the FOIA and Discrimination...

Investigations in the public sector confront the competing demands of employee privacy rights and the public’s “right to know” under the Freedom of Information Act [“FOIA”]. Another decision by the Freedom of Information...more

California Court Sustains Disclaimer Based on Employment Practices Exclusion

In John Davler, Inc. v. Arch Insurance Company, 2014 Cal. App. LEXIS 837 (Cal. App. Sept. 15, 2014), the California Court of Appeal had the opportunity to consider the application of an employment-related practices exclusion...more

Texas High Court Rules Improper Photography Law Unconsitutional; Or, Why You Care a Creepy Dude Is Not Guilty

The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional. The case involved a guy who allegedly took pictures of kids at a...more

Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights

As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had...more

I Want My Selfie Back!!!

Over the last week, several high profile celebrities (e.g., Jennifer Lawrence and Kate Upton) have reportedly become the latest victims of internet privacy rights violations. In those cases, hackers supposedly obtained...more

I Want My Selfie Back!!!

If your selfie has fallen into the wrong hands, the following statutory acts and/or common law theories may provide some relief....more

Lawsuits Against Social Media Sites Rarely a Good Idea – This One Probably Isn’t Either

A Houston area woman has sued Facebook asking for $123 million because Facebook was slow to take down a fake a profile created by her ex-boyfriend with pornographic images. The plaintiff sued Facebook and the...more

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

Policyholder Takes the Insurer’s Bait and Loses Coverage

In an interesting Order coming from the United States District Court in Western District of Washington, case no C13-1014 (National Union et al v. Coinstar), National Union skillfully avoided a bad faith claim by timely...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

Data Breach Class Action Not Barred by Lack of Individual Injury in West Virginia

In a potentially groundbreaking decision, the Supreme Court of Appeals of West Virginia reversed a trial court’s order denying class certification in a data breach class action. The case, Tabata v. Charleston Area Medical...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

Is TMZ Worse Than The NSA?

Donald Sterling’s private telephone conversation. George Clooney’s engagement party. Jay-Z and Solangé’s elevator scuffle. Is TMZ invading privacy rights more than the NSA? The California Constitution, Article 1,...more

71 Results
|
View per page
Page: of 3

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×