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Civil Procedure Privacy

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

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

The Proposed Overhaul Of North Carolina’s Data-Breach Law Could Have Big-Time Consequences

by Ellis & Winters LLP on

One might expect N.C. Gen. Stat. § 75-1.1 to play a big role in data-breach litigation. The statute, after all, offers the prospect of treble damages and attorney fees. But, historically, it hasn’t. Only three...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

Ninth Circuit Finds No Vicarious Liability Under the TCPA for Marketing Text Message

by Burr & Forman on

In Kristensen v. Credit Payment Services, Inc., — F.3d —, 2018 WL 343758 (9th Cir. 2018), the Ninth Circuit recently held that three lenders and two marketing companies could not be vicariously liable under the TCPA for text...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

Federal Appeals Court Slams Data Breach Privilege Claim

In the most recent object lesson in a data breach privilege case, a federal appeals court has ordered a Michigan-based mortgage lender to turn over privileged forensic investigatory documents after the investigator’s...more

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

by Rumberger Kirk & Caldwell on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Google Puts Its SCA Warrant Appeal on Hold as High Court Prepares to Hear Microsoft Case

The fight over the privacy of electronic communications and the government’s ability to reach emails stored abroad in criminal investigations has finally moved to the U.S. Supreme Court. ...more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

by Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

Anonymous Internet Users Beware: New Presumption in Favor of Unmasking the Losing Anonymous Defendant

Following a recent decision from the Sixth Circuit, anonymous bloggers and other Internet users who post third-party copyrighted material without authorization have cause for concern. They may be unable to preserve their...more

Private Rights of Action under Illinois Biometric Privacy Statute Sharply Limited

by Ropes & Gray LLP on

On December 21, 2017, a three-judge panel of the Second District Appellate Court of Illinois significantly narrowed the ability of plaintiffs to bring a private right of action under Illinois’ Biometric Information Privacy...more

Second Circuit Finds that Flu Shot Reminder Text Does Not Violate TCPA

by Burr & Forman on

In Latner v. Mt. Sinai Health System, Inc., ___ F.3d ___, 2018 WL 265085 (2d Cir. 2018), the Second Circuit recently held that a single flu shot reminder text does not violate the TCPA when a patient gives prior express...more

Checklist of Top 10 E-Discovery Trends for 2018

by Zapproved LLC on

Tips to Empower Corporate Legal Teams to Achieve More Litigation Response Success in the Year Ahead - Are you ready for where e-discovery is going in 2018? Whatever your litigation process maturity level — what we call...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - January 2018

by Hinshaw & Culbertson LLP on

Prospective Clients – Avoiding Communication of Confidential Information Except as Needed to Check for Conflicts of Interest - Mt. Hebron Dist. Missionary Baptist Assoc. of Al., Inc. v. Sentinel Ins. Co., 2017 U.S. Dist....more

Illinois Court Says Biometrics Plaintiffs Must Put a Finger on Alleged Harm

by Morgan Lewis on

The Illinois Biometric Information Privacy Act (IBIPA) has been grabbing headlines of late as class action lawsuits under IBIPA’s private right of action are piling up, but an Illinois state appeals court recently held that a...more

Recent Surge in Class Actions Involving “Biometric” Data: What Employers Need to Know and Do Now

by Epstein Becker & Green on

In the past six months alone, roughly 30 employment class actions have been filed in Illinois claiming violations of a state law that some employers may have never even heard of, or are only vaguely familiar with—the 2008...more

DRI - The Powerful Economic-Loss Rule - Defending The Business-To-Business Data-Breach

by Ellis & Winters LLP on

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

December 2017: Supreme Court Takes on Drugs, Data, and Extraterritoriality

On October 16, 2017, the Supreme Court made a surprising grant of review in a case which may have far reaching consequences for tech companies and litigants generally. The case, United States v. Microsoft Corp., involves a...more

Public Access Policy Requirements Begin January 6, 2018

Effective on January 6, 2018, the PA Supreme Court’s “Public Access Policy” adds significant new requirements related to information contained in documents filed in Pennsylvania’s courts, including the Orphans’ Court Division...more

Fitbit Can’t Put Sleep-Tracking Claims to Bed

Fitbit may lose some sleep over a putative class action challenging the advertising claims for its sleep-tracking function after the court denied the company’s motion for summary judgment in the case....more

Illinois’ BIPA statute – Finally Some Good News for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Score One for Employers: One Illinois Appellate Court’s Pre-Holiday Gift to Companies Facing Lawsuits Alleging Violations Under...

by Clark Hill PLC on

Over the past year, the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) has exceeded sixty. A majority of these lawsuits have been filed against...more

Illinois Court Of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

by Jackson Lewis P.C. on

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by...more

Kentucky Federal Court Brushes Aside Pre-emptive Attack on Class Allegations in Phishing Case, Rejects Out-of-the-Box Defense...

by BakerHostetler on

Brushing aside apparent flaws in a proposed class definition, a federal court in Kentucky declined to dismiss class allegations against North Carolina-based pharmacy services provider Pharm-Save Inc. (Pharm-Save) stemming...more

Incident Response – Privilege and Work Product Issues After In re Premera

by Locke Lord LLP on

Despite considerable incident response work after numerous alleged data breaches, very few opinions have addressed the application of attorney-client privilege and the work-product doctrine to the materials created by such...more

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