Invasion of Privacy

News & Analysis as of

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]...more

Drone on Drones: Swarm of Local Regulations Approaches

The City of Lompoc is considering a drone ordinance following a citizen complaining about a camera-equipped drone invading his privacy . He indicated that, despite three calls to the police department, he was told nothing...more

Monitoring Employee Communications: A Brave New World

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

Wells Fargo Learns That Recording Calls In California Can Be Costly

In the past few years, many organizations such as Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel have faced class actions alleging violations of California’s call recording law. This week, California’s Attorney...more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Hulk-Sized Damages in Sex Tape Privacy and Publicity Case

In 2006, Terry Gene Bollea, better known as “Hulk Hogan,” had sex with his best friend’s wife, Heather Clem. Apparently unbeknownst to either of them, his best friend Todd Alan Clem, now legally known as “Bubba the Love...more

The Law Behind the Hulk Hogan $140 Million Verdict Against Gawker

A few days ago, a jury in Florida awarded Hulk Hogan (real name Terry Bollea)  $140 million because Gawker posted a leaked sex video of the former wrestler. Rather than focus on the lurid details (which you can Google), let’s...more

Hulk Hogan Wins Big Verdict

In what might be a cautionary tale of the privacy risks for organizations who do business in buying and selling information, last Friday, a Florida jury awarded Hulk Hogan, whose true name is Terry Bollea, $115 Million in...more

Andrews and Hogan verdicts demonstrate disgust against invasion of privacy

Just this month, two large jury awards were given to celebrities in their respective civil suits alleging amongst other things, invasion of privacy: First, FOX sportscaster Erin Andrews was awarded $55 million in her...more

Stalking: From Adele to Andrews

Under the Protection from Abuse Act, abuse is defined as... The occurrence of … the following [act] between family or household members, sexual or intimate partners or persons who share biological parenthood: knowingly...more

Brooklyn Heights homes will close their doors to tours: another victim of the modern world

For over 31 years, the Brooklyn Heights Association (the Association) has offered tours of private residence brownstones, allowing the curious passerby the opportunity to see what’s beyond those stoops. However, after over...more

Jason Pierre-Paul sues ESPN and Adam Schefter for tweeting photo of medical records

New York Giants defensive end Jason Pierre-Paul has filed suit against ESPN and ESPN reporter Adam Schefter for violations of Florida Statute § 456.057 and for invasion of privacy arising from a tweet containing a photo of...more

Ninth Circuit Finds First Amendment Protects Against Right Of Publicity Claim Involving Film “The Hurt Locker”

The Ninth Circuit has confirmed that right of publicity claims purporting to arise from expressive works, like films, are content-based restrictions on speech that are presumptively unconstitutional, and generally should not...more

Backdooring Investment Security (On the Apple Case)

There's lots of talk about information security with the Apple case. But, perhaps just as important, the case also raises important concerns relating to investment security and to the predictability of our markets and laws. ...more

Litigation Alert: Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the...

The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more

Five on Monday – Five Recent Developments that We’ve Been Watching Closely

Time for another overview of developments in the field of business and human rights that we’ve been monitoring. This past week’s post includes: Apple’s refusal to comply with a federal court order; a new report...more

Hearts and Roses Versus GPS and Monitoring Devices

It is hard to believe that unrequited love exists, while the scent of chocolate and roses still lingers in the air from Valentine’s Day, but on occasion, Cupid’s arrow does miss its mark and spouses may stray from their...more

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

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