News & Analysis as of

Personal Injury Privacy

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

Defence + Indemnity: December 2017 - I. Insurance Issues C.

by Field Law on

I. INSURANCE ISSUES - E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or...more

Defence + Indemnity: December 2017 - II. Liability Issues B.

by Field Law on

II. LIABILITY ISSUES - B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a...more

FTC Discusses Informational Injury

Opening the Federal Trade Commission’s workshop on informational injury, Acting Chair Maureen K. Ohlhausen said the government “does the most good with the fewest unintended side effects when it focuses on addressing actual...more

Protecting a Facebook personal page from insurer intrusion

by Michigan Auto Law on

Steps Michigan car accident lawyers can take to stop insurance company ‘fishing expeditions’ into the Facebook personal page of clients to harass and intimidate; don’t let your client be made a victim twice - Car accident...more

Dealing With Online Harassment and Nonconsensual Pornography

by Revision Legal on

One thing attorneys may not learn in law school is that there are a lot of scumbags in the world. If you are lucky, a scumbag will let you know their character immediately. In other cases, even the most jaded cynic can be...more

Insurance Purchasers Beware: Florida Court Finds No Duty to Defend Data Breach Claim Under CGL Personal & Advertising Injury...

On November 17, 2017, a U.S. district court in Florida narrowly construed personal and advertising injury coverage for data-breach claims under a commercial general liability policy. In Innovak International, Inc., v. The...more

Facebook Wants You to Send Them Your Naked Pictures to Prevent Revenge Porn. I’m Not Kidding: Data Privacy Trends

by CloudNine on

It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds....more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Ohlhausen Examines 'Informational Injury'

Making good on her promise to focus on concrete consumer injury, Acting Chair of the Federal Trade Commission Maureen K. Ohlhausen announced a December workshop on “informational injury.”...more

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

by Fisher Phillips on

A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Five Steps to Respond to Revenge Porn

by Revision Legal on

A friend calls and tells you that there are nude photos of you online and they’re pretty sure you didn’t post them. You go to the website they tell you and sure enough, there they are – pictures you once shared with someone...more

Germany Permits Automated Vehicles

by White & Case LLP on

On 21 June 2017, Germany enacted a bill legalizing automated vehicles ("AV Bill"). The AV Bill modifies the current Road Traffic Act and defines the requirements for highly and fully automated vehicles to use public roads. It...more

Wisconsin Supreme Court Characterizes Release of Incorrect Criminal History by State Department of Justice as Defamatory, Despite...

by Akin Gump - Excubitor on

The Wisconsin Supreme Court recently ruled that the state Department of Justice (DOJ)’s release of misleading criminal history files violated an individual’s protected interest in their name and reputation, in a ruling that...more

The Right to Seclusion of Personal Facts vs. Public Opinion

Unhappy with the valuation determination by Zillow’s Zestimates, a builder and related parties have initiated a class action suit against Zillow Inc. and Zillow Group, for class action complaint for (a) violation of the...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

by Field Law on

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Defence & Indemnity - February 2017: II. LIABILITY ISSUES

by Field Law on

1. The Motions Judge (Dow, J.) set aside the Default Judgment awarding the Plaintiff thrown away costs of $10,000.00 and issued a publication ban on consent of all parties.   a. The Court summarized the factors to be...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Live Streaming: The Privacy Concerns of Behind-the-Scenes Access

by Moore & Van Allen PLLC on

A professional football team clinches their playoff spot in an upset game, then hits the locker room for a celebration and an inspirational pep talk from their winning coach. The perfect application for livestreaming, one...more

Defence & Indemnity - December 2016: II. LIABILITY ISSUES

by Field Law on

New privacy torts of intrusion upon seclusion and public disclosure of private facts were supported in Canada. R. v. John Doe, 2016 FCA 191, per Ryer J.A, Boivin J.A. and De Montigny J.A....more

When It Comes to Liability, Whose User Generated Content Is It Anyway?

by Garvey Schubert Barer on

Hospitality industry stakeholders who host sites for online reviews or rely on review sites such as Yelp, Trip Advisor, Urban Spoon, or Oyster, may take comfort in the recent Ninth Circuit decision regarding the liability of...more

New CMS Guidance on Abuse of Patient Privacy Rights

by Williams Venker & Sanders on

Last month, I noted recent media reports raising patient privacy concerns due to health care providers’ use of social media in the workplace [The Potentially Dangerous Intersection of Healthcare and Social Media]. It appears...more

Drone Laws and Privacy in Canada

by Field Law on

‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #4

by Field Law on

D. Canadian court recognizes new tort of public disclosure of embarrassing private facts and awards damages totaling $100,000 and issues an injunction against the Defendant. Jane Doe 464533 v. D.(N.), 2016 ONSC 541, per...more

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