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Privacy Civil Procedure

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

Facebook Private Pages are not Always Private

by Harris Beach PLLC on

A Facebook user’s privacy settings cannot determine the discoverability of relevant evidence, held New York’s high court, the Court of Appeals. In a unanimous decision, Forman v. Henkin, — NY3d —, 2018 N.Y. Slip Op. 01015,...more

TCPA Class Certification Denial Exposes Major Spousal Scheme

by Dorsey & Whitney LLP on

There are plenty of things I’d like to do with my wife one day. Take a trip to Greece. Finally convince her to go camping with me (never going to happen). But filing a class action with her as class representative is...more

Business Litigation Report - January 2018

January 2018: Federal Circuit Issues Important Decision On Written Description And Enablement In Amgen Inc. v. Sanof - In Amgen Inc. v. Sanofi, 872 F.3d 1367 (Fed. Cir. 2017), the Federal Circuit acknowledged the relevance...more

Five Buzzworthy eDiscovery Trends Overheard at LegalTech 2018

by Epiq on

Every year, the legal technology community gathers at the New York Hilton Midtown to see what’s new in the industry, catch up with colleagues, and visit with old friends. For those of us who’ve been in the industry for 10+...more

Dollars And Sense: Federal Court Refuses To Enjoin State Court Squabble Over Attorneys’ Fees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a TCPA class action where final settlement (including attorneys’ fees) had already received final approval, a federal district court in California denied class counsel’s request to enjoin a pending...more

Data Privacy + Cybersecurity Insider - February 2018

by Robinson & Cole LLP on

Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers. Please see full Publication below for...more

When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S....more

Data Protection Laws in India

In August 2017, the Supreme Court of India passed a judgment in the case of Justice K S Puttuswamy vs Union of India (Supreme Court of India, WRIT PETITION (CIVIL) NO 494 OF 2012), in which fundamental rights, as provided in...more

Blog: Supermarket swept up into liability of rogue employee

by Cooley LLP on

The received wisdom was always that the greatest exposures created by a cyber security incident or data breach were the costs of remediation, business disruption and any regulatory fine. Whilst litigation risk existed, it...more

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their...more

Illinois Biometric Lawsuit Against Facebook Moves Through Court System

by Reed Smith on

A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is...more

Keeping Your Biometrics Private

by Reed Smith on

Suparossa Restaurant Group LLP, a Chicago-based restaurant company, has been served with a class action complaint alleging that the company has violated the Illinois Biometric Information Privacy Act (“BIPA”). The BIPA is an...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

Schrems v. Facebook: The Show Must Go On In Vienna, But Now As A One-Man Show

Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more

Class Action Suit Filed Against Allscripts for Ransomware Attack

Allscripts Healthcare Solutions Inc. notified its electronic medical record customers last week that a ransomware attack was behind the disruption of service for medical providers....more

European Court of Justice Dismisses Privacy Class Action Against Facebook but Allows Max Schrems to Sue in Austria

In yet another round of Schrems versus Facebook, on January 25, 2018, the Court of Justice of the European Union (CJEU) ruled that privacy activist Max Schrems is a consumer with regard to his Facebook profile despite his...more

Data Protection: Was an Employer Liable for an Employee's Malicious Data Breach

by Faegre Baker Daniels on

In Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3 113 (QB), the High Court considered whether an employer was liable for an employee’s malicious disclosure of personal data belonging to other employees. This...more

Be Global: On the Horizon in 2018

by DLA Piper on

In December's Be Global we looked back at 2017, highlighting developments in data privacy, employment status, working time, global mobility, gender equality, anti-corruption and whistleblowing, and pensions as well as looking...more

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

by Hogan Lovells on

Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

by Alston & Bird on

In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the...more

As If Discovery Were Not Difficult Enough, Now This

by Reed Smith on

When Congress enacted HIPAA and its Privacy Rule in the mid-1990s, it was a big deal. Healthcare providers surely protected patient privacy in the pre-HIPAA days, but the federal statute gave them a standard set of rules with...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

Judge Dismisses Facebook Web-Tracking MDL

In November 2017, Judge Edward J. Davila dismissed a major multidistrict litigation accusing Facebook of unlawfully tracking users’ browsing activity across websites while they were signed out of their accounts. The...more

Sixth Circuit Finds ‘Sword-and-Shield’ Waiver of Attorney-Client Privilege After Defendant Cites Data Breach Investigation...

by Reed Smith on

Outside counsel can play a number of meaningful roles in post-data breach investigations, including providing insight and advice subject to the attorney-client privilege. However, parties must be mindful of how much they...more

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