As noted back in December 2022, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has issued dramatic guidance (often called the Bulletin) that targets the use of so-called Internet “tracking...more
Now that new cases of COVID-19 appear to be waning in the United States, those of us stuck in our homes are asking the same question: How long before things get back to normal? The answer from epidemiologists appears to be no...more
As we move into a new decade, it has become clear that data breach litigation is here to stay. Last year brought us several incremental developments in the data breach litigation landscape but no paradigm shift in the way...more
alifornia’s new privacy law, the California Consumer Privacy Act of 2018 (CCPA or act), which goes into effect Jan. 1, 2020, grants California residents (referred to as consumers in the act but not limited to consumers) a...more
8/30/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
In recent months, the Illinois Biometric Information Privacy Act (BIPA) has been the subject of renewed interest from the plaintiffs’ bar, with more than 60 BIPA-related class actions filed since August. Given the increased...more
2017 was a relatively quiet year for major class action news, especially in the Supreme Court, which addressed only a handful of cases that might have an impact on class actions and reached decisions only in a couple of those...more
1/10/2018
/ CalPERS v ANZ Securities ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Consumer Financial Protection Bureau (CFPB) ,
FRCP 23 ,
Neil Gorsuch ,
NLRA ,
Popular ,
Spokeo ,
TCPA
Recent class certification decisions involving price comparison ads are prompting a large number of copycat suits, and retailers nationwide are carefully evaluating their sales advertising practices. Whether comparisons are...more
We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more
3/31/2017
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Due Process ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FRCP 23 ,
Popular ,
SCOTUS ,
Standing ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
Although healthcare entities are exempt from BIPA’s requirements because of HIPAA, they are likely next in line for lawsuits because of their rapid adoption of biometric authentication measures for employees and contractors....more
The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more
12/31/2015
/ Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Data Breach ,
Data Collection ,
Popular ,
Standing ,
Target ,
TCPA ,
Young Lawyers
In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained...more
7/22/2014
/ Class Action ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Insurance Industry ,
Life Insurance ,
Money Judgment ,
Popular ,
Retained Asset Accounts ,
Reversal ,
Self-Dealing
The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class...more
Yesterday, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly...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
One of the key questions in the aftermath of the Supreme Court’s recent decision in Comcast Corp. v. Behrend is the extent to which damages must be susceptible to classwide calculation in order to justify class certification....more
The Supreme Court issued its decision today in the first of two arbitration-related class action cases on the 2012-13 docket. Today’s decision bucks what had been a trend in the Court’s decisions in recent years strongly...more
The following post is reprinted with permission from Paul Karlsgodt’s blog, www.classactionblawg.com.
The Supreme Court has issued its opinion in one of the most highly anticipated class action-related cases on the...more