This week, after a seemingly endless year of construction, my family and I moved into our new, energy-efficient home. As I was in the kitchen unpacking, my daughter cried out, somewhat dramatically, “Mama, come here…. The...more
One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more
1/15/2014
/ Apple ,
Bailments ,
Blizzard Entertainment Inc ,
Computer Fraud and Abuse Act (CFAA) ,
Cookies ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Electronic Communications ,
Google ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet Privacy ,
Medical Records ,
Privacy Concerns ,
Privacy Policy ,
Stored Communications Act
In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more
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
In August 2013, the Federal Trade Commission filed a petition in federal court to investigate Atlanta based medical testing laboratory LabMD, Inc. on suspicion that the company failed to reasonably protect the security of...more
9/23/2013
In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more
4/5/2013
China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information....more
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