News & Analysis as of

Invasion of Privacy

California Superior Court Judge Orders Department of Public Health to Make Names and Personal Home Addresses of Approximately...

A California Superior Court judge recently issued an order granting the Service Employees International Union’s (“SEIU”) petition for writ of mandate under the California Public Records Act (“CPRA”) and ordered the California...more

Supreme Court Decides Byrd v. United States

by Faegre Baker Daniels on

On May 14, 2018, the Supreme Court of the United States decided Byrd v. United States, No. 16-1371, holding that under the Fourth Amendment, the driver of a rental car may challenge the search of that car by law enforcement...more

Will The Supreme Court Take A Charitable View Of Cy Pres Settlements?

by Carlton Fields on

On April 30, the Supreme Court granted certiorari in Frank v. Gaos, No. 17-961 to review the fairness of the ever-increasing use of cy pres remedies in class action settlements. ...more

Supreme Court to Address Use of Cy Pres Relief in Class Action Settlements Next Term

The Supreme Court recently granted review in a case that involves whether, or in what circumstances, cy pres relief may be used in class action settlements. ...more

Supreme Court to Review Use of Charitable Donation to Settle Privacy Claims Against Google

A challenge to the use of a cy pres charitable donations to settle privacy claims against Google will be heard by the Supreme Court. In Frank v. Gaos, petitioners seek reversal of lower court decisions rejecting their...more

Supreme Court to Decide Permissibility of Cy Pres Awards in Class Action Settlements

by Ballard Spahr LLP on

The U.S. Supreme Court has agreed to decide whether parties to a class action may agree to a settlement that confers cy pres awards upon various nonprofit institutions and organizations, but provides no monetary relief for...more

Gone Phishing: Employer Faces Liability for Mistakenly Disclosing W-2 Forms to Scammer

by Zuckerman Spaeder LLP on

Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more

From East Coast to West Coast: Actresses Lose Right of Publicity Cases as Courts Rule in Favor of the First Amendment Rights of...

The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more

Court Rejects Insurer’s Spokeo-Based Standing Challenge to TCPA Action

by Carlton Fields on

In a February 20 ruling, the Northern District of Illinois cleared the way for a plumbing company’s putative class action against Allstate Insurance Company and an insurance agency co-defendant by denying the defendants’...more

Government Urges High Court to Moot Microsoft Email Case

We’ve written several times about the landmark dispute between the U.S. government and Microsoft Corp. over access to a customer’s emails stored in Ireland. Now, a month after the U.S. Supreme Court heard oral argument on the...more

New Jersey Appellate Division Allows Some Video Surveillance Claims to Proceed, Even Though Plaintiffs Cannot Identify Themselves...

by Reed Smith on

In a published decision, a unanimous panel of the Appellate Division rejected “the notion that plaintiffs – in alleging an invasion of privacy in an office building’s bathroom – could only claim the presence of a hidden...more

9th Circuit Affirms Dismissal of FCRA Putative Class Action for Lack of Standing

by Weiner Brodsky Kider PC on

The Ninth Circuit has ruled that a plaintiff failed to allege a concrete injury-in-fact sufficient for Article III standing in a suit alleging a violation of the Fair Credit Report Act (FCRA). The panel affirmed the district...more

Key California Employment Law Cases: February 2018

by Payne & Fears on

Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Defence + Indemnity: February 2018 - II. LIABILITY ISSUES A.

by Field Law on

II. LIABILITY ISSUES - A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion. Vanderveen v...more

Drone Policies & the Construction Industry

Kilpatrick Townsend attorneys, Brian Gaudet, David Lynch and Courtney Lynch want to make sure that the construction industry is prepared for the use of drones. This new technology creates some great opportunities, but also...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

Saved By Punctuation: James Woods Escapes Liability For A Question Mark

by Kelley Drye & Warren LLP on

A federal judge in the Southern District of Ohio recently dismissed a case against actor James Woods over a tweet he posted during the 2016 presidential campaign. Woods, the outspoken conservative actor best known for his...more

Ohio Supreme Court Holds Punitive Damages Not Recoverable In Breach Of Contract Action

by Reminger Co., LPA on

The Supreme Court of Ohio recently held that punitive damages are not recoverable in a breach-of-contract lawsuit unless (1) the breach involves an independent tort, such as fraud and/or duress; and (2) the conduct that...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

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

UAS: Preemption Means Preemption!!

by LeClairRyan on

State and local governments have not been shy about attempting to regulate almost every aspect of drone operations. Some of these efforts have been completely appropriate and aimed at areas subject to local control, such as...more

A TCPA Slam Dunk in the Ninth Circuit?

by LeClairRyan on

The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. You’re invited to send a text and...more

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Privacy Breach … While Jogging Down a Public Path?

by Field Law on

An online video shows someone jogging on a public pathway during a 2-second clip. Let me get this straight… does this constitute a breach of privacy rights? According to an Ontario court, the answer is yes. This is a...more

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Cybersecurity

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