FTC Issues Final Report with Guidance on Companies’ Online Privacy Practices

Fifteen months after releasing its preliminary report, the Federal Trade Commission released its final Report, “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Business and Policymakers.” The much anticipated final report went further than the preliminary report by now calling for Congress to enact general privacy, data security and breach … Continue Reading

Privacy Litigation–2011 Year in Review

By Craig A. Hoffman on January 6, 2012 Posted in Data Breaches, Privacy Litigation

There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed to identify any cognizable harm sufficient to achieve Article III standing or to demonstrate actual damages. A few decisions, however, show an evolution in the … Continue Reading

RockYou Proposed Settlement Would Leave Decision Standing

By Craig A. Hoffman on November 21, 2011 Posted in Data Breaches, Privacy Litigation

The parties in the Claridge v. RockYou case submitted a proposed settlement agreement to the court for approval on November 14, 2011. This case, which was filed shortly after RockYou disclosed a breach that compromised 32 million log-in credentials, received national attention in the spring. In April 2011, the California federal district court declined to … Continue Reading