Category

Litigation

18 May 2016

The Supreme Court Remands Injury Question In Spokeo Class Action Privacy Claim

On Monday, May 16, the Supreme Court addressed the question of whether an alleged violation of the Fair Credit Reporting Act (FCRA), without allegation of concrete injury, is ever sufficient for Article III standing. The case, Spokeo Inc. v. Robbins, No. 13-1339 (2016), involved a class action against data … Read More

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06 May 2016

District Court Rules for the FTC in “Unfairness” Action Against Amazon Regarding In-app Purchasing Controls

On April 26, the US District Court in Seattle granted the FTC’s motion for summary judgment against Amazon for providing allegedly inadequate parental controls to limit their children’s in-app purchases. Case No. C14-1038-JCC.  The FTC alleged that the company’s failure to require more robust password re-entry meant that many in-app … Read More

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25 April 2016

Fourth Circuit Affirms Duty to Defend Online Data Breach Allegations

In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, No. 14-1944 (4th Cir. Apr. 11, 2016), the U.S. Court of Appeals for the 4th Circuit affirmed the judgment on the reasoning of the federal district court in Virginia (No. 1:13-cv-00917-GBL-IDD), holding that Travelers had a duty to … Read More

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01 February 2016

The European Court of Human Rights Rules that an Employer did not Breach its Employee’s Privacy Rights by Monitoring his Email Account

The European Court of Human Rights (“ECtHR”)  ruled earlier this month that an employer’s monitoring of an employee’s personal emails in a work-related Yahoo account was not a breach of the employee’s Article 8 privacy rights (“the right to respect for private and family life, the home and correspondence”).  The … Read More

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11 January 2016

Top Ten Data Protection and Privacy Issues to Watch in 2016

*This post originally appeared in Law360 on January 7, 2016.

While 2015 was a big year in data, 2016 may prove to be even bigger.  Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. … Read More

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21 December 2015

Cybersecurity Act of 2015 Signed Into Law

On December 18, President Obama signed into law an omnibus spending package for 2016 that included the Cybersecurity Act of 2015 (known in former versions as the Cybersecurity Information Sharing Act). After years of debate, the Cybersecurity Act establishes a framework to facilitate and encourage confidential two-way private sector sharing … Read More

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02 December 2015

The second edition of The Privacy, Data Protection and Cybersecurity Law Review is now available

The second edition of The Privacy, Data Protection and Cybersecurity Law Review appears as the world is converging on more privacy laws that cover more areas of business and are subject to more enforcement. Several Sidley lawyers in the Privacy, Data Security and Information Law practice have contributed to this … Read More

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01 December 2015

FTC’s Action Against LabMD Dismissed Due to Inadequate Evidence of Harm; FTC Appeals

A recent ALJ Initial Decision may prove significant in data breach litigation and provide further aid to companies battling class actions with claims of future injury through identity theft.  On November 13, 2015, the administrative law judge hearing the FTC’s action against medical testing laboratory LabMD dismissed the FTC’s case … Read More

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04 November 2015

EU Commissioner Jourová encourages further progress amidst Safe Harbor fall out

The 37th Annual International Conference of Privacy Commissioners in Amsterdam last week was long planned around the proposals of the transatlantic Privacy Bridges Project for a series of concrete steps to bring the U.S. and EU closer together on privacy.  But, with the CJEU’s Schrems decision blowing up the Safe … Read More

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