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Civil Procedure Privacy

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Summary of California Appellate Decisions - February 2018

INSURANCE; DUTY TO DEFEND; FIRE OCCURRING AFTER EXPIRATION OF POLICY - Tidwell Enterprises, Inc. v. Financial Pacific Insurance Co., Inc. (2016) 6 Cal.App.5th 100, 210 Cal.Rptr.3d 634 - FACTS: The owner of the...more

TOPS Software Company Hit with TCPA Class Action

Last week, TOPS Software LLC (TOPS), a software company that specializes in condominium and homeowners association communication platforms, was served with a class action in Illinois federal court which alleges that TOPS...more

Judgment Entered in Lenders’ Favor on TCPA Unlawful Text Message Claim

by Weiner Brodsky Kider PC on

The U.S. Court of Appeals for the Ninth Circuit recently entered judgment in favor of three lenders and two marketing company defendants on a claim that they violated the federal Telephone Consumer Protection Act by ratifying...more

Mitigate Risk in Handling eDiscovery Data Subject to the U.S. Export Control Laws and Regulations

by Epiq on

The corporate world continues to see exponential growth in the generation of electronic data as a bi-product of business activity. Along with this growth come a number of responsibilities associated with the duty to...more

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

Monthly TCPA Digest - February 2018

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue examines an FCC rulemaking proceeding concerning...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

Cross-Border Data: Managing the Risks

by Epiq on

Focus on four areas to mitigate the danger of data transfer across borders - Cross-border data transfers are not only frequent, but often crucial components of everyday business. Today’s patterns of global data flow would...more

Conflict Of Interest Renders Spouse Of Former Class Counsel Inadequate Class Representative

by Carlton Fields on

The Eastern District of New York recently held that a former class counsel’s spouse was an inadequate class representative due to the conflict of interest created by the relationship....more

Only 53 Percent of Surveyed Security Officers Are Confident in Security of Data by Third Parties: Cybersecurity Trends

by CloudNine on

A recently issued report provides an interesting look at how Chief Information Security Officers (CISOs) and others responsible for security are addressing the challenges in today’s cybersecurity climate. The report (The...more

Disclosure of Certain Private Information on Facebook Account Allowed by New York Court of Appeals

by Cozen O'Connor on

The New York Court of Appeals gave defense counsel in personal injury cases a Valentine’s Day present when it ruled, on February 13, 2018, that discovery under the New York Civil Practice Law and Rules (CPLR 3101 (a))...more

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

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