Written by Kevin McGinty In yet another privacy class action addressing the question of whether data breach claimants have suffered legally cognizable damages, the First Circuit’s ruling in Anderson v. Hannaford Bros. Co., Nos. 10-2384, 10-2450 (1st Cir. Oct. 20, 2011), reversed the trial court’s dismissal of negligence and implied contract claims arising from… Continue Reading
Privacy Litigation
Subscribe to Privacy Litigation RSS FeedSEC Guidance to Public Companies: Evaluate and Disclose Cybersecurity Risks
Posted in Class Action Litigation, Data Breach, Data Compliance & Security, Privacy LitigationThe 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
Court: Protections of Electronic Communications Privacy Act Extend to Non-US Citizens
Posted in Privacy LitigationWritten by Julia Siripurapu In an important ruling for Internet service providers, the U.S. Court of Appeals for the Ninth Circuit has unanimously affirmed the ruling of a district court that the provisions of the Electronic Communications Privacy Act of 1986 (ECPA) prohibiting internet service providers from disclosing the contents of stored communications protect the U.S.-stored… Continue Reading
Privacy Class Actions – It’s Still About the Damages
Posted in Class Action Litigation, Online Advertising, Privacy LitigationWritten 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
