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Category Archives: Class Action Litigation

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No Motion to Dismiss in Facebook “Sponsored Stories” Case

By Cynthia Larose on Posted in Class Action Litigation, Online Advertising

Written by Jake Romero California district judge Lucy Koh has rejected a motion to dismiss brought by Facebook, Inc. in response to a lawsuit brought by plaintiffs Angel Fraley, et al. alleging that Facebook’s “Sponsored Stories” violate California’s Right to Publicity Statute (CA Civil Code §3334).  Sponsored Stories are paid advertisements containing the name and… Continue Reading

SEC Guidance to Public Companies: Evaluate and Disclose Cybersecurity Risks

By Cynthia Larose on Posted in Class Action Litigation, Data Breach, Data Compliance & Security, Privacy Litigation

The Securities and Exchange Commission (SEC) has issued guidance to public companies with respect to disclosure relating to cybersecurity and data breach risks.    This release is from the Commission’s Division of Corporation Finance and is not a rule or regulation — but it is clear that public companies that ignore the advice in the Disclosure… Continue Reading

Update on Patient Information Breaches

By Cynthia Larose on Posted in Class Action Litigation, Data Breach, Data Breach Notification, HIPAA/HITECH

 Written by Dianne Bourque Nemours Children’s Health System has reported the loss of three, unencrypted computer backup takes containing patient billing and employee payroll data.  The tapes had been stored in a locked cabinet, and were reported missing on September 8th.  It is believed that they may have been removed in early August during a… Continue Reading

Privacy Class Actions – It’s Still About the Damages

By Cynthia Larose on Posted in Class Action Litigation, Online Advertising, Privacy Litigation

 Written by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law.  The plaintiff in Bose v. Interclick  alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading