Invasion of Privacy

News & Analysis as of

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

Effective Implementation of Workplace Technology

There are hundreds (if not thousands) of new technologies available to employers, all promising to solve problems and make life easier. We’ve written about the risks of the technology itself, but it’s worth noting that poor...more

New Year, New Laws for Real Property Practitioners

Were you able to keep track of the new legislative changes that may affect your real property practice? Don’t worry, we did and here are some key changes every California real property lawyer needs to know....more

Mattel gets hit with class action over Hello Barbie’s invasion of children’s privacy

We reported last month ago about the release of Mattel’s new Hello Barbie (and the “Hell No Barbie Campaign), with the capability to ‘carry a conversation’ with a child using speech recognition software and storage of...more

Third Circuit Slams Google’s Allegedly ‘Deceitful’ Cookie Practices

Exploiting loopholes in Internet users’ cookie-blocking settings while claiming to protect them from cookies is a serious and deceitful invasion of privacy, the Third Circuit held November 10....more

Standing Issues Could Still Derail Google Cookie Placement Litigation

In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order dismissing a lawsuit...more

The Drones are Under Attack

Those who know me know that I love gadgets. Most of the time, I imagine I have a need that the newest toy will fix, at least until the next one comes along. But, despite my best efforts, I have not been able to create an...more

Employee Health Information: Separate and Secure

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Friendly Skies in California After Governor Brown Vetoes Drone Restrictions, Federal Response Uncertain

Iconic California tech companies are helping to pioneer the drone revolution. For over a year, Google’s advanced-research arm, Google X, has been testing its Project Wing aircraft in cooperation with NASA, moving ever-closer...more

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

“If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?”

Greenberg Glusker partner Bonnie Eskenazi was quoted in the American Lawyer Litigation Daily article, “If You Were Justin Bieber’s Lawyer, What Would You Be Doing Today?” on October 12, 2015 (subscription required)....more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

Greene v. Paramount Pictures Corp. - USDC, E.D. New York, September 30, 2015

District court grants defendants’ motion to dismiss invasion of privacy claims, holding that defendants’ film “The Wolf of Wall Street” did not use plaintiff’s actual name or image, and grants in part and denies in part...more

Erasure Laws Don’t Equal Right to be Forgotten

We have previously blogged about the “right to be forgotten,” which has gained a substantial foothold in Europe, and which one nonprofit consumer group has urged the Federal Trade Commission to adopt. While that “right”...more

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Automakers receive request for information letters about vehicle-to-vehicle communications’ privacy

This week, Senator Ed Markey and Senator Richard Blumenthal sent letters to 18 automakers requesting an update on vehicle-to-vehicle communications’ (V2V) privacy and security. The Senators are seeking information on each...more

Drone users to lawmakers: ‘Should I stay or should I go?’

California Governor Jerry Brown has just vetoed drone legislation passed by the California legislature that relates to a matter of significant interest to the real estate sector: Flight-level restrictions....more

Declaring War on Drones Part Deux: Is a Drone Operator/Owner Liable for Trespassing?

Last month Tilting discussed whether Daisy Duke and her Uncle Jesse faced civil or criminal liability for shooting down Boss Hogg’s drone trespassing over their property. To recap: Daisy Duke was sunbathing by her Uncle...more

Drone on Drones: California Governor Grounds Bill Prohibiting Low-Flying Drones

Gov. Jerry Brown vetoed legislation last week that would have prohibited flying a drone less than 350 feet above private property without the property owner’s permission, expressing concerns about exposing drone users to...more

D&O Policies: A Possibility for TCPA Coverage?

Business is booming for plaintiffs’ attorneys wielding the Telephone Consumer Protection Act (TCPA). The TCPA restricts unsolicited telemarketing by fax, voice calls and text messages. Violations can trigger liability of at...more

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

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