Class Dismissed

October 24, 2018 - Privacy, FDA, Drug & Medical Device, Product Liability, Consumer Products
FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices
By: Erin M. Bosman and Julie Y. Park
FDA is tackling cybersecurity threats head-on and expects industry to do the same. Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices. Industry should take note, as these developments
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October 22, 2018 - Privacy, Internet of Things
Digital Single Market Update: Technology Standardization in the EU
By: Alistair Maughan
ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market (DSM) initiative, the European Commission has been working on common ICT standards that would ensure the
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October 01, 2018 - Privacy, Internet of Things, Product Liability, Consumer Products
New California IoT Law Requires Security for Connected Devices
When Governor Jerry Brown signed Assembly Bill 1906 and Senate Bill 327 into law on Friday, California took major strides toward regulating the Internet of Things, the network of internet-connected devices that includes everything from televisions and cars, to refrigerators, fitness trackers, and baby
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June 19, 2018 - Privacy, FTC
Don’t Forget to Hit “Delete”: FTC Blog Post Clarifies COPPA Information Deletion Requirement
By: Julie O'Neill
Most companies are familiar with the Children’s Online Privacy Protection Act (COPPA) and its requirement to obtain parental consent before collecting personal information online from children under 13. Yet COPPA also includes an information deletion requirement of which companies may be unaware. On May
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June 13, 2018 - Privacy, Drug & Medical Device
A New Era in FTC Data Security Oversight?
By: Julie O'Neill
The U.S. Court of Appeals for the Eleventh Circuit has issued a ruling that may drastically change the nature of the relief that the Federal Trade Commission (“FTC”) seeks to impose on companies it alleges to have had inadequate data security measures in place.
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May 21, 2018 - Privacy, Consumer Products
California May Pass Its Own GDPR
By: Purvi G. Patel
While companies are focusing on compliance with the EU’s General Data Protection Regulation requirements, Californians will be given the option to impose a sweeping, GDPR-like privacy regime that also deserves attention. On May 3, 2018, proponents of the California Consumer Privacy Act announced they
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May 08, 2018 - Privacy, Internet of Things, Product Liability, Consumer Products, Retail
Digital Toy Product Company Ducks Data Breach Class Action
By: Erin M. Bosman and Julie Y. Park
For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. The data breach also triggered separate allegations by the Federal Trade Commission (FTC) that VTech violated
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April 16, 2018 - Privacy, Class Certification, Product Liability, Retail
Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages
By: Tiffany Cheung
Another court has allowed individuals to move past the preliminary stages of litigation by finding that “lost time” and the “time value of money” are injuries. Building on its prior rulings allowing data breach cases to jump over standing hurdles, on April 11, 2018, in
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March 30, 2018 - Privacy, Consumer Products
No Injury? No Problem: Mere Risk of Identity Theft Can Establish Standing
Overview Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) when plaintiff hasn’t suffered any harm? For those polling the Circuits, the Ninth Circuit votes “yes.” And because
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March 23, 2018 - Privacy
The Dark Web—the Next Frontier in Data Breach Standing Analysis Amid a Deepening Circuit Split
By: Purvi G. Patel
A split among U.S. Circuit Courts of Appeals regarding what harm should suffice to maintain standing in data breach litigation doesn’t get easier to address as new questions of whether extrinsic evidence from Dark Web searches of breached personal data for sale can be
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