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Supreme Court Denies Cert Petition in CareFirst v. Attias

by Ballard Spahr LLP on

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

by Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

U.S. Supreme Court Watch: Whether to Resolve Circuit Split on Standing for Data Breach Plaintiffs

At its first conference this month, the U.S. Supreme Court will consider whether to weigh in on a Circuit split over standing to sue in the aftermath of a data breach. ...more

Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata

The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth...more

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

by Ballard Spahr LLP on

The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...more

Excellus Court Reverses Prior Decision: Risk of Future Identity Theft Suffices to Convey Standing in Data Breach Case

A federal judge in New York has reinstated claims brought against a healthcare provider by customers whose personal information was exposed in the 2015 data breach of Excellus BlueCross Blue Shield. The breach affected the...more

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual...

The desire to avoid Spokeo’s standing requirements constitutes yet another reason for class action plaintiff’s counsel to seek to litigate in state courts, as state courts may not require a Spokeo injury-in-fact test to...more

D.C. Circuit Finds Dissemination, but Not Mere Existence, of Inaccurate Information in Government Database Satisfies Article III...

by Reed Smith on

“[I]f inaccurate information falls into a government database, does it make a sound?” Partly affirming summary judgment for the defendant in Owner-Operator Indep. Drivers Ass’n, v. DOT, No. 16-5355 (D.C. Cir. Jan. 12, 2018),...more

The Data Breach Legal Limbo On Consumers’ Ability To Sue Hacked Companies

by Ifrah PLLC on

The first of the year is a good time to makes assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data...more

Standing to Sue under the Fair and Accurate Credit Transactions Act after Spokeo

by K&L Gates LLP on

After paying for groceries with a credit card or debit card, the clerk hands the receipt to the customer. In addition to the last four digits of the card number, it contains the first digit. Or perhaps it contains the first...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

Spokeo Standing in 2017

by McGuireWoods LLP on

With the year ending, and McGuireWoods’s webinar next week on class actions’ Hot Issues of 2017 approaching, this seems like a good time to take note of a few of the trends we have seen arising in class actions over the last...more

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

Spokeo Strikes Again – Biometric Data Privacy Class Action Fails On Its Face (Scan)

by Jackson Lewis P.C. on

On November 21, 2017, the U.S. Court of Appeals for the Second Circuit held that a plaintiff bringing a putative class action under the Illinois Biometric Information Privacy Act (“BIPA”) could not establish an injury-in-fact...more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

by King & Spalding on

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Privacy & Cybersecurity Update - November 2017

In this month's edition of our Privacy & Cybersecurity Update, we discuss a Washington state court decision allowing a data breach lawsuit to move forward on a negligence claim, a Ninth Circuit ruling regarding releasing...more

Ninth Circuit Affirms Grand Jury Subpoena for Identity of Glassdoor Users

by Reed Smith on

A November 2017 decision by the Ninth Circuit Court of Appeals has weighed in on the expectation of privacy and First Amendment rights afforded to anonymous contributors to online content, finding that a subpoena issued by a...more

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

The Second Circuit Weighs In On Tidal Wave Of Class Actions Under The Illinois Biometric Privacy Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As biometric technology has become more advanced and affordable, more companies and employers have begun implementing procedures and systems that rely on biometric data. ...more

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

by Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Judge Bencivengo Refuses to Change Her Stripes - District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of...

by Dorsey & Whitney LLP on

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated on Thursday that she is not going to change her...more

Class Action Standing and Data Breaches: When Is There an Injury-in-Fact?

The biggest question looming over every class-action case filed in response to a data breach is: Will the plaintiffs have standing? The answer has divided courts in recent cases across the country....more

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