Tag Archives: privacy litigation

Privacy Litigation in the Age of Coronavirus

By Paul Karlsgodt and Justin Donoho on May 11, 2020 Posted in Privacy Litigation

Now that new cases of COVID-19 appear to be waning in the United States, those of us stuck in our homes are asking the same question: How long before things get back to normal? The answer from epidemiologists appears to be no time soon, as any actions to completely lift the severe social distancing restrictions … Continue Reading

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

By Douglas L. Shively on July 19, 2017 Posted in Cybersecurity

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the work-product doctrine or attorney-client privilege, the engagement letter should include outside counsel and the forensic firm should … Continue Reading

Deeper Dive: Clapper Divide Expands In Data Breach Cases

By Sean McIntyre on June 13, 2017 Posted in Privacy Class Actions, Privacy Litigation

As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet Article III’s cases-and-controversies requirement, specifically with regard to the injury-in-fact element of standing? Despite the prevalence of these allegations, … Continue Reading

Class Action – Damages and Class Treatment – 2013 Year in Review

By Erica Gann Kitaev on January 9, 2014 Posted in Privacy Class Actions

Authors: Erica Gann Kitaev and Paul Karlsgodt In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases where some members of the proposed class can show that they suffered injury, … Continue Reading

Privacy Class Actions: Year-in-Review

By Erica Gann Kitaev on January 4, 2013 Posted in Privacy Class Actions, Privacy Litigation

During 2012, privacy class actions continued to trend toward two major categories: 1) actions that arose out of a data breach event and 2) actions brought to prosecute an alleged consumer privacy right. Article III Standing in Data Breach Class Actions A key issue in data breach class actions is the question of what types … Continue Reading

DPPA Does Not Prohibit Bulk Obtainment of Motor Vehicle Records

By Erica Gann Kitaev on May 7, 2012 Posted in Privacy Litigation

The Sixth Circuit Court of Appeals has upheld the dismissal of a purported class action lawsuit brought under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2127, et. seq. (“DPPA”). Plaintiffs’ claims in Wiles v. Ascom Transport System, Inc., Case No. 11-5342, were based on the bulk obtainment of personal information from Kentucky motor … Continue Reading

US Supreme Court Finds that Mental and Emotional Distress are not “Actual Damages” under the Privacy Act

By Kimberly M. Wong on April 20, 2012 Posted in Privacy Litigation

In privacy litigation, the majority of the federal courts have required demonstration of a certain tangible, provable harm before granting damage awards to plaintiffs claiming a violation of their privacy. The Supreme Court’s recent decision in Federal Aviation Administration et al. v. Stanmore Cawthon Cooper, case number 10-1024, is no different. In the Court’s March 28, … Continue Reading

California’s Privacy Class Action Litigation Du Jour: “Shine the Light” Law

By Theodore J. Kobus III on January 2, 2012 Posted in Online Privacy, Privacy Class Actions, Privacy Litigation

Privacy class action litigation is hot in California and a new wave of lawsuits are being filed under California’s 2003 “Shine the Light” law, codified in Cal. Civ. Code Section 1798.83. This privacy law affects most businesses with as few as 20 employees and allows individuals to learn about how a business sells and shares … Continue Reading

Privacy and Data Breach Regulatory Activity–A Year in Review

By Theodore J. Kobus III on December 29, 2011 Posted in Breach Notification, Data Breach Notification Laws, Data Breaches, Enforcement, HIPAA/HITECH, Identity Theft, Information Security, Medical Privacy, Online Privacy, Payment Card Industry

While plaintiffs continue to face an uphill battle proving damages in privacy litigation – regulatory actions and investigations seem to be increasing. During 2011, we saw activity from many government agencies—both state and federal—including the Federal Trade Commission (FTC), Department of Education (DOE), Department of Health and Human Services (HHS) Office for Civil Rights (OCR), … Continue Reading