The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more
3/14/2019
/ Appeals ,
Article III ,
Debit and Credit Card Transactions ,
Dismissals ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Privacy Concerns ,
Retailers ,
Standing ,
Statutory Violations
The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more
7/26/2018
/ Appeals ,
Article III ,
Background Checks ,
Banking Sector ,
Class Action ,
Credit Reports ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
Standing ,
Summary Judgment
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
6/27/2018
/ Appeals ,
Article III ,
Class Action ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Negligence ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Vacated
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
3/12/2018
/ Article III ,
Consumer Fraud ,
Corporate Counsel ,
Customer Information ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Putative Class Actions ,
Retail Market ,
Standing ,
Zappos
The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a...more
The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff’s credit card...more
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more
The U.S. Court of Appeals for the Fourth Circuit held that the plaintiff’s allegations that Experian denied him access to information to which he was entitled under the Fair Credit Reporting Act was insufficient to establish...more
Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more
5/3/2017
/ Article III ,
CNN ,
Corporate Counsel ,
Data Collection ,
Digital Media ,
Injury-in-Fact ,
Mobile Apps ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Prior Express Consent ,
Putative Class Actions ,
Spokeo v Robins ,
Standing ,
Subscribers ,
VPPA ,
Web Tracking
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property -
Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
2/10/2017
/ Administrative Appointments ,
America Invents Act ,
Appeals ,
Article III ,
Barack Obama ,
Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Data Breach ,
Denial of Certiorari ,
Disparagement ,
DMCA ,
Exclusive Licenses ,
Fashion Design ,
FDCPA ,
File Sharing ,
First Amendment ,
Free Speech ,
Google ,
Injury-in-Fact ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Internet Service Providers (ISPs) ,
IP License ,
Lanham Act ,
Lee v Tam ,
Lenz v Universal Music Corp. ,
Misappropriation ,
Non-Appealable Decisions ,
Non-Practicing Entities ,
Online Videos ,
Oracle ,
Patent Trial and Appeal Board ,
Patents ,
Petition for Writ of Certiorari ,
Popular ,
Privacy Laws ,
SCOTUS ,
Section 337 ,
Software Developers ,
Spokeo v Robins ,
Standing ,
Star Athletica v Varsity Brands ,
Takedown Notices ,
Tariff Act of 1930 ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
Trans-Pacific Partnership ,
Trump Administration ,
Uniforms ,
USPTO ,
YouTube
Privacy Shield – An Early Reflection -
EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more
10/25/2016
/ Article III ,
Cable Communications Protection Act (CCPA) ,
Confidential Information ,
COPPA ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Collection ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
EU-US Privacy Shield ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Sharing ,
Injury-in-Fact ,
International Data Transfers ,
IP Addresses ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Standing ,
Video Privacy Protection Act ,
VPPA ,
Wellness Programs
Last week, the Sixth Circuit held that allegations that personal information was stolen following a data breach was sufficient to confer Article III standing to sue to the affected individuals, even in the absence of...more
9/20/2016
/ Article III ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
Insurance Industry ,
Nationwide Insurance Co. ,
Personally Identifiable Information ,
Popular ,
Standing
Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more
Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more
8/29/2016
/ Appeals ,
Article III ,
Breach of Contract ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Facebook ,
Failure To State A Claim ,
Information Sharing ,
Injury-in-Fact ,
Online Magazines ,
Personal Data ,
Privacy Policy ,
Standing ,
Terms of Service ,
Unjust Enrichment