News & Analysis as of

Negligence Invasion of Privacy

Robinson+Cole Data Privacy + Security Insider

T-Mobile Sued for Data Breach of 37 Million Records

On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data...more

Robinson+Cole Data Privacy + Security Insider

Another Data Breach Lawsuit for Lakeview Loan Servicing

A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Proskauer Rose LLP

Three Point Shot - February 2022

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials....more

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

Bilzin Sumberg

Zoom Settlement Will Likely Mute Federal Class Action Lawsuit over Data Privacy

Bilzin Sumberg on

After months of litigation, Zoom Video Communications has agreed to pay $85 million to settle a proposed class action pending in the United States District Court for the Northern District of California....more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

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The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Ballard Spahr LLP

W. Virginia Court Rejects Claim Opioid Reports Defamed Pharmacist

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A West Virginia federal court has rejected defamation claims arising from two Peabody Award-winning CBS Evening News reports about the opioid epidemic....more

Zuckerman Spaeder LLP

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

Zuckerman Spaeder LLP on

Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Carlton Fields

Ninth Circuit Snubs Stolt-Nielsen, Holds Generic Employee Arbitration Agreement Permits Class-wide Arbitration

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After an employer allegedly released personally identifiable information of its employees as the result of a phishing scam, plaintiff employee filed a putative class action lawsuit, alleging claims including negligence,...more

Carlton Fields

Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration

Carlton Fields on

Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other...more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Obermayer Rebmann Maxwell & Hippel LLP

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

Zelle  LLP

Employee Health Information: Separate and Secure

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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

Ballard Spahr LLP

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

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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

Robinson+Cole Data Privacy + Security Insider

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

Faegre Drinker Biddle & Reath LLP

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

Blake, Cassels & Graydon LLP

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

Gray Reed

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

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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

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