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Data Protection Appeals

Dacheng

China’s First Judicial Decision on Cross-Border Personal Information Transfers: Clarification on Data Localization Requirement

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In August 2024, China Judgements Online published a ruling issued by the Guangzhou Internet Court on September 8, 2023, in a case widely regarded as China’s first judicial decision addressing cross-border personal information...more

Morgan Lewis

New Procedural Means in Practice: Leading Decision Procedure and Representative Action

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In November 2024, the German Federal Court of Justice made its first decision within the new leading decision procedure, which is intended to simplify mass proceedings. Another new procedural tool is the redress action. In...more

BCLP

Court of Appeal Considers the Test for CPR 19.8 Representative Actions in Prismall v Google

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The Court of Appeal has handed down its judgment in the case of Prismall v Google UK Ltd and DeepMind Technologies Ltd [2024] EWCA Civ 1516. Finding for Google, the Court of Appeal upheld the lower Court’s decision to...more

Smart & Biggar

Federal Court of Appeal dismisses appeal of SPRAVATO “innovative drug” decision

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On November 10, 2021, the Minister of Health refused to reassess its decision that Janssen’s esketamine hydrochloride product (SPRAVATO) was not an “innovative drug” and therefore not entitled to data protection. As...more

Orrick, Herrington & Sutcliffe LLP

California appeals court vacates a ruling on enjoining enforcement of CPRA regulations

On February 9, California’s Third District Court of Appeal vacated a lower court’s decision to enjoin the California Privacy Protection Agency (CPPA) from enforcing regulations implementing the California Privacy Rights Act...more

Farella Braun + Martel LLP

California Appeals Court Empowers Privacy Agency to Immediately Enforce CCPA Regulations

In California Privacy Protection Agency et al. v. The Superior Court of Sacramento County (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy...more

Smart & Biggar

2023 Highlights in Canadian Life Sciences IP and Regulatory Law

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Eli Lilly v Teva, Pharmascience, Riva, Apotex, Mylan (tadalafil, CIALIS) – Following a summary trial, Lilly’s infringement actions were dismissed: composition claims directed to “a physiologically acceptable salt” of...more

Orrick, Herrington & Sutcliffe LLP

1st Circuit confirms standing for data breach victims

On June 30, the U.S. Court of Appeals for the First Circuit overruled a district court’s dismissal of a putative class action against a home delivery pharmacy service for allegedly failing to prevent a 2021 data breach that...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

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Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

McDermott Will & Emery

Colorado Attorney General’s Office Issues Draft Colorado Privacy Act Regulations

McDermott Will & Emery on

On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more

McDermott Will & Emery

Weekly IRS Roundup November 29 – December 3, 2021

McDermott Will & Emery on

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of November 29, 2021 – December 3, 2021... November 29, 2021: The IRS published a news release...more

White & Case LLP

UK Supreme Court dismisses data protection class action claim

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The Supreme Court of the United Kingdom has delivered its long-awaited decision in the case of Lloyd [2021] UKSC 50, rejecting an attempt to bring a representative claim for compensation for "loss of control" over personal...more

Pillsbury Winthrop Shaw Pittman LLP

UK Supreme Court Rules for Google in “Class Action”—However, Increased Data Damages and Fines Risk Remains

This year has seen further record GDPR fines levied by Data Protection Authorities, however, a second “under the radar” risk exists—namely, being sued for damages. Today we saw a sea-change case (Lloyd v Google) ruling by...more

Smart & Biggar

Federal Court of Appeal confirms Janssen’s SPRAVATO not eligible for data protection

Smart & Biggar on

Update: On November 10, 2021, the Minister rejected Janssen’s second request for data protection for SPRAVATO, which was submitted following the coming into force of the Canada-United States-Mexico Agreement (CUSMA). The...more

ArentFox Schiff

Class Action Quarterly Update

ArentFox Schiff on

Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry - The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

Reveal on

Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Orrick, Herrington & Sutcliffe LLP

ICO Fines: When Is An Appeal Appealing?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

Society of Corporate Compliance and Ethics...

UK Court of Appeal rules against Google

Report on Supply Chain Compliance, Volume 2, no. 19 (October 10, 2019) - A case involving the “Safari Workaround”[1] has made its way through the U.K. courts over the past 18 months and has recently been allowed to proceed....more

Fisher Phillips

March 2019: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hogan Lovells

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

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In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content....more

McDermott Will & Emery

Illinois Appellate Court Refuses to Carve Out Exception to Rosenbach for BIPA Liability

Illinois Appellate Court upholds wide-reaching Rosenbach decision in the first appellate decision post-dating Rosenbach. The First District Appellate Court rejected attempts to carve exceptions into Rosenbach when it held...more

Troutman Pepper Locke

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

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The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

Thomas Fox - Compliance Evangelist

Life With GDPR: Episode 22- Morrisons’ and vicarious liability

In this episode, I visit with Jonathan Armstrong on the recent UK court of appeals decision in the Morrisons’ case. This decision stretched the limits of vicarious liability for a corporation to the absolute breaking point...more

Goodwin

French Privacy Regulator Imposes Record Fine on Google for GDPR Violations

Goodwin on

On January 21, 2019, France’s data protection regulator (CNIL) imposed a €50 million fine on Google for violating core provisions of the European Union General Data Protection Regulation (GDPR). The action was initiated by...more

Fisher Phillips

Illinois Supreme Court Clears Path For More Biometric Data Privacy Lawsuits

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The Illinois Supreme Court on January 25th, made it far easier for workers to bring suit against their employers for technical violations of the state’s biometric information privacy statute, putting employers on notice that...more

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