News & Analysis as of

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

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

California’s privacy statute regulates California companies, but not against out-of-state plaintiffs: a recent decision, 2...

Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...more

California Federal Court Requires Pre-Recording Notification of All Cell Phone Calls Under California Invasion of Privacy Act

A federal district court in the Northern District of California in March refused to dismiss a consumer class action against wireless telecommunications company Verizon alleging that a third-party collections agency hired by...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

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

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

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

OfficeMax Class Action Zip Code Plaintiffs Again Seek Approval for Settlement and Attorney Fee Payment

Lawyers representing a purported class of customers who accused retailer OfficeMax North America Inc. (OfficeMax) of illegally recording their zip codes tried again this week to gain court approval of a settlement deal agreed...more

Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To...

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more

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