Invasion of Privacy

News & Analysis as of

You Can Check Out Any Time You Like… But Your Information Might Never Leave

When you check into a hotel, do you assume that the clerk asks for your license plate number to avoid accidentally towing your car? Or that guest services wants to know how many people are in your group to make sure that...more

State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business...more

4 Thoughts On The Ashley Madison Hack

1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean...more

Potential Privacy Breach Results in the Conditional Certification of a Class Action

On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government’s administration of the Marihuana Medical Access Program (the Program)....more

Declaring War on Drones: Is it a Crime to Shoot Down a Drone over Your Property?

Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool....more

Second class action suit filed against Medical Informatics

We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more

No Privacy in Pocket-Dialing

Most of us are aware of the increased risk of identity theft caused by the exponential growth of digital communications. But have we stopped to consider how the ease of communication we have today has significantly decreased...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Class action filed against UCLA following data breach

We previously reported that UCLA suffered a data breach affecting 4.5 million patients. Days following the announcement of the breach, plaintiffs filed a proposed class action lawsuit against UCLA, alleging that UCLA should...more

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

“Life is Short. Have an Affair.” But is it Worth It?

“Life is short. Have an affair.” This advice comes courtesy of the Ashley Madison website, a company which put a spin on the old adage and the dating website industry by building its business around assisting married people...more

Drones in Florida — New Laws and Regulations

If you are one of the cool kids, or cool adults, or a techie, you might have received a drone for a gift during the past year. Like a toy out of the future, drones allow observation from above and afar. They are very cool....more

(US) Limiting the Sky: Is There Space for Drones in Real Estate Law?

Real property is generally conceived of as tangible and two dimensional. We acquire land described by courses and distances in a deed, depicted by lines on a survey. The laws respecting that land are well-formed; most in the...more

Federal Court of Appeal Expands Scope of Privacy Class Action

The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada (Condon), had...more

June Court Decision Round-Up

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

Insurance May Cover Call Recording Class Actions

Companies often monitor or record conversations between their employees and customers for training or quality control purposes. California law prohibits monitoring or recording unless both parties consent. Class actions have...more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

Federal Agents Lacked Authority to Search Airplane Passenger’s Laptop, Court Says

A federal court this month found that federal agents lacked authority to conduct a warrantless search of a defendant’s laptop seized at an airport, rejecting the government’s argument that it has unfettered authority to...more

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Cyber Liability Insurance: Protection Worth the Search

New risks present themselves before insurance policies exist to cover them. When a risk materializes, insureds want their insurers to cover them under familiar existing insurance policies, while insurers resist on the ground...more

Insurers Pay to Avoid a Precedent Finding CGL Coverage for a Cyberbreach – the Zurich v. Sony Settlement

It was reported today that the widely-watched data breach case, Zurich American Ins. Co., et al  v. Sony Corp. of America (N.Y. Sup. Ct. Feb. 21, 2014), has been settled before the New York appellate court could issue an...more

Paul Watler Speaks: Save the Plane – Or Save Yourself From a Libel Suit?

Fear of liability may match fear of flying for many Americans. We all know that commercial aviation is one of the safest forms of modern transportation. But it only takes a gut-wrenching drop of an aircraft in the...more

BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions [Video]

Paul Karlsgodt, Leader of BakerHostetler's Class Action Defense team, talks about class actions privacy and litigation issues....more

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

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