Class Dismissed

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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September 21, 2017 - Privacy, Aviation & Drones, Consumer Products, Government Actions
Wheels Are Turning on Federal Self-Driving Policy
One year ago, the federal government test drove its first set of self-driving policies with a four-part announcement from the U.S. Department of Transportation. In twelve months, much has changed, but the wheels are still turning. The U.S. House of Representatives earlier this month
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September 06, 2017 - Privacy, Class Action
Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration
On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick , No. 16-2750 (2d Cir. Aug. 17, 2017), the
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October 26, 2016 - Privacy, Aviation & Drones, Consumer Products, FTC, Retail
FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues
By: Julie O'Neill
The Federal Trade Commission’s recent workshop on drones raised familiar issues related to the privacy implications of a new and evolving technology. While the many potential innovations and consumer benefits of drone technology were highlighted, the workshop’s focus was on whether drones raise unique
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September 19, 2016 - Privacy
Stop Victim Shaming in Cyber Attacks
By: Miriam H. Wugmeister
Defending the American people and economy from hostile state or state-sponsored actors is critical for both economic and national security reasons. However, while our state and federal law enforcement agencies vigorously protect people from criminals and assist victims of crimes, companies that publicly disclose
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August 30, 2016 - Privacy, FTC
The Scope of “Personally Identifiable Information” Is Changing
By: Julie O'Neill
It is easier than ever to identify a consumer with just a few pieces of seemingly innocuous information. Advances in big data analytics, combined with the increasing volume of data generated by consumers in their daily lives, have “increasingly blurred [the] line” between personally
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July 14, 2016 - Privacy
First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps
The First Circuit Court of Appeals’ recent decision in Yershov v. Gannett Satellite Information Network, Inc. , — F.3d —-, Case No. 15-1719, 2016 WL 1719825 (1st Cir. Apr. 29, 2016), may carry important implications for mobile app providers seeking to navigate federal privacy
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June 08, 2016 - Privacy, Product Liability, Aviation & Drones, Consumer Products
California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted
In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated California’s privacy laws. [1] The Court of Appeal held that the lawsuit was
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Topic Archives: Privacy

Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages

By: Tiffany Cheung

No Injury? No Problem: Mere Risk of Identity Theft Can Establish Standing

The Dark Web—the Next Frontier in Data Breach Standing Analysis Amid a Deepening Circuit Split

By: Purvi G. Patel

Wheels Are Turning on Federal Self-Driving Policy

Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration

FTC Workshop on New Drone Technologies Raises Familiar Privacy Issues

By: Julie O'Neill

Stop Victim Shaming in Cyber Attacks

By: Miriam H. Wugmeister

The Scope of “Personally Identifiable Information” Is Changing

By: Julie O'Neill

First Circuit Issues Potentially Significant Ruling on Federal Video Privacy Statute’s Application to Mobile Apps

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted