State Law Privacy Video Series | Privacy and Sensitive Information
Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
In the recent high-profile civil class action, Frasco v. Flo Health, a California federal court issued a significant ruling partially certifying a nationwide class and California subclass of individuals who used the Flo...more
According to an AT&T spokesperson, this is not accurate. Social Security Numbers and Dates of Birth were already available in plain text in the original compromised dataset from 2024 (in separate files that could be...more
What do a global sportswear giant and a prestigious medical center have in common? Apparently, a shared struggle defending data breach lawsuits for breaches of sensitive personal information caused by third-party vendors....more
In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...more
Over the last several years, litigation (often class actions) premised on the use of technology like session-replay products, web beacons, pixels, and cookies has proliferated. Typical theories include plaintiffs claiming...more
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
American Addiction Centers Inc. faces a class action in the Middle District of Tennessee for allegations that it violated the Health Insurance Portability and Accountability Act (HIPAA) by failing to protect patient data from...more
Class actions arising from data breach represented the fastest growing segment of class action filings. In 2023, more than 2000 class actions were filed, more than triple the amount filed in 2022. These cases were filed in...more
Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more
As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more
The Department of Justice and eight state attorneys general filed a civil antitrust lawsuit in August against RealPage Inc. – a Texas-based software company that provides property management software – and several landlords...more
In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more
Millions of individuals could be at the mercy of cybercriminals after a hacking group launched a large-scale data breach impacting 2.9 billion records, including Social Security numbers and other sensitive information. The...more
Connected cars have been on the FTC’s radar for years. Its most recent blog post specifically highlights the Commission’s concerns regarding over collecting-- and the risk of secondary uses-- of sensitive data, such as...more
On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer who filed disputes with a consumer...more
Multi-employer plan participants involved in an Employee Retirement Income Security Act of 1974 (ERISA) class action lawsuit against Horizon Actuarial Services LLC (Horizon), a national retirement services firm, have entered...more
In Barclift v. Keystone Credit Services, LLC, the Philadelphia-based United States Court of Appeals for the Third Circuit determined that a Consumer did not have standing to sue under Fair Debt Collection Practices Act...more
Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more
In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more
The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries,...more
CafePress Owners Nabbed for Failing to Protect Consumer Data - Company left Social Security numbers out and unencrypted, then hid the data breach...more
As of late, many privacy class actions have attempted to invoke California's common-law invasion of privacy claim, arguing that it is a valid cause of action. The courts, however, have been reluctant to apply the strict...more
On April 27, 2021, a class action lawsuit was filed against Google, Inc. (“Google”) alleging that the Google-Apple Exposure Notification System (“GAEN”) – the company’s COVID-19 contact tracking app – contained a flaw that...more