Standing, Class Action | JD Supra Law News

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

by F. Paul Pittman | Sedgwick LLP on 4/8/2013

As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed...more

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

by Amelia Gerlicher, James McCullagh | Perkins Coie on 3/19/2013

A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more

2013 Update on Chapter 93A

by Mike Gilleran | Adler Pollock & Sheehan P.C. on 3/12/2013

1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more

Inside The Courts - March 2013 | Volume 5 | Issue 1

by Skadden, Arps, Slate, Meagher & Flom LLP on 3/11/2013

In This Issue: *U.S. SUPREME COURT - Class Certificaton - Amgen Inc. v. Conn. Ret. Plans and Trust Funds, No. 11 1085 (U.S. Feb. 27, 2013) - Statutes of Limitations - Gabelli v. Sec. & Exch. Comm’n, No....more

Kentucky County Clerks Cannot Sue MERS for Failure to Record Mortgage Assignments, Sixth Circuit Rules

by Richard J. Andreano, Jr., Martin Bryce, Jr., Alan S. Kaplinsky, Christopher J. Willis | Ballard Spahr LLP on 2/27/2013

The U. S. Court of Appeals for the Sixth Circuit recently affirmed the district court’s dismissal of a putative class action filed against Mortgage Electronic Registration Systems (MERS), its parent company, and 15 financial...more

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

by Frank Oliva | BakerHostetler on 1/16/2013

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

California Federal District Court Dismisses Privacy Class Action For Lack Of Injury

by BuckleySandler LLP on 1/12/2013

On December 28, the U.S. District Court for the Northern District of California dismissed a putative class action alleging that Google Inc.’s privacy policy violates the federal Wiretap Act and state consumer protection...more

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

by Wilson Sonsini Goodrich & Rosati on 1/8/2013

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

Privacy Class Actions: Year-in-Review

by Erica Gann Kitaev | BakerHostetler on 1/7/2013

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right....more

In re Celera Corp. S’holder Litig., No. 212, 2012 (Del. Dec. 27, 2012)

by Potter Anderson & Corroon LLP on 1/7/2013

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s certification of a class representative in a breach of fiduciary duty action, even though the class representative sold its stock in the...more

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

by Sara Aliabadi, Christopher A. Reese | Schnader Harrison Segal & Lewis LLP on 12/29/2012

On November 13, 2012, the U.S. District Court for the Eastern District of California, in McCarn v. HSBC USA, Inc., 2012 U.S. Dist. LEXIS 162257, issued an important decision rejecting as inadequate a plaintiff’s attempt to...more

Class Action Case to Watch—Genesis HealthCare v. Symczyk

by Beth A. Moeller | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/3/2012

On June 25, the U.S. Supreme Court granted certiorari review of the case Genesis HealthCare v. Symczyk, 656 F.3d 189 (3rd Cir. 2011), cert. granted 80 U.S.L.W. 3512 (U.S. June 25, 2012) (No. 11-1059). In Genesis, the company...more

Challenges To Standing And Venue In Class Action Litigation

by Cheryl M. Stanton, Jessica D. Tsuda | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/31/2012

Although a class action complaint may foreshadow years of litigation filled with thousands of plaintiffs and millions of dollars in potential damages and costs, there are several early motions that, if successful, may...more

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