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Privacy & Information Security Law Blog: UK Supreme Court Gives Morrisons Permission To Appeal Data Breach Class Action
On October 22, 2018, the UK Court of Appeal upheld the High Court's decision that VM Morrison Supermarkets PLC ("Morrisons") was vicariously liable for a data breach caused by a disgruntled former
6 May 2019
Privacy & Information Security Law Blog: Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation Of Actual Injury
The Illinois Supreme Court ruled today that an allegation of "actual injury or adverse effect" is not required to establish standing to sue under the Illinois Biometric Information Privacy Act, 740 ILCS 14 ("BIPA").
United States
30 Jan 2019
Privacy & Information Security Law Blog: Supreme Court Of Pennsylvania Ruling On Common Law Duty To Protect Electronic Employee Data
On November 21, 2018, the Supreme Court of Pennsylvania ruled that a putative class action filed against UPMC (d/b/a The University of Pittsburg Medical Center) should not have been dismissed.
United States
3 Dec 2018
Privacy & Information Security Law Blog: Yahoo! Agrees To Settle Data Breach Class Actions With $50 Million Fund And Credit Monitoring
On October 23, 2018, the parties in the Yahoo! Inc. ("Yahoo!") Customer Data Security Breach Litigation pending in the Northern District of California and the parties in the related litigation...
United States
13 Nov 2018
Privacy & Information Security Law Blog: Vizio Agrees To $17M Settlement To Resolve Smart TV Class Action Suit
Vizio, Inc. ("Vizio"), a California-based company best known for its internet-connected televisions, agreed to a $17 million settlement that, if approved, will resolve multiple proposed consumer class actions consolidated in California federal court.
United States
10 Oct 2018
Privacy & Information Security Law Blog: Chipotle Consumer Plaintiffs' Putative Class Case Survives In Part
On September 26, 2018, the U.S. District Court for the District of Colorado ("the Court") refused to dismiss all putative class claims against Chipotle Mexican Grill, Inc. ("Chipotle").
United States
5 Oct 2018
Privacy & Information Security Law Blog: Uber Data Breach Class Action Must Proceed to Arbitration
On September 5, 2018, the U.S. District Court for the Central District of California held that a class action arising from a 2016 Uber Technologies Inc. ("Uber") data breach must proceed to arbitration.
United States
13 Sep 2018
Privacy & Information Security Law Blog: Plaintiffs File Class Action Lawsuit Against Nielsen Over Alleged False And Misleading Statements
On August 28, 2018, plaintiffs filed a class action lawsuit against Nielsen Holdings PLC ("Nielsen") and some of its officers and directors for making allegedly materially false and misleading statements to investors about the impact of privacy regulations and third-party business partners' privacy policies on the company's revenues and earnings.
United States
9 Sep 2018
Privacy & Information Security Law Blog: Supreme Court Of Ireland To Review Facebook Privacy Case
On July 31, 2018, the Supreme Court of Ireland granted Facebook, Inc.'s ("Facebook") leave to appeal a lower court's ruling sending a privacy case to the Court of Justice of the European Union (the "CJEU").
European Union
4 Sep 2018
Privacy & Information Security Law Blog: Judge Grants Final Approval Of Record Data Breach Settlement In Anthem Class Action
On August 15, 2018, U.S. District Judge Lucy Koh signed an order granting final approval of the record $115 million class action settlement agreed to by Anthem Inc. in June 2017.
United States
3 Sep 2018
Sometimes Two Meetings Aren't Better Than None: The Texas Supreme Court Clarifies The Circumstances Giving Rise To Personal Jurisdiction
In its recent opinion M&F Worldwide Corp. et al. v. Pepsi-Cola Metropolitan Bottling Company, Inc., the Texas Supreme Court clarified that a nonresident defendant's presence in the State of Texas...
United States
13 Apr 2017
Pipeline Companies Seeking Common-Carrier Status Now Have Additional Guidelines, But Issues Regarding "Public Use" Remain
In its blockbuster 2012 opinion Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC (Texas Rice I)...
United States
9 Feb 2017
Foreign Law, American Injury: International Comity In U.S. Courts
On September 20, 2016, the Second Circuit Court of Appeals issued a landmark decision regarding the application of foreign laws on foreign corporations doing business in the United States.
United States
3 Oct 2016
Arbitrator's Manifest Disregard Of The Law Is No Basis For Vacating Arbitration Award – So Rules The Supreme Court Of Texas
Until this month, Texas appellate courts were split as to whether an arbitration award under the Texas General Arbitration Act can be vacated on common-law grounds...
United States
8 Jun 2016
When Terms Of Use Are Not Enough – Lessons From Long v. Provide Commerce, Inc.
The California Court of Appeals recently determined that the hyperlink to a website terms of use was not binding on users.
United States
8 Apr 2016
Applying Omnicare: The Second Circuit Weighs In On Statement Of Opinion Liability Post-Omnicare
Under the prior controlling authority in the Second Circuit, Fait v. Regions Financial Corp., an issuer could only be liable if an opinion was both (1) objectively false and (2) disbelieved by the speaker at the time it was made.
United States
31 Mar 2016
"The Last Nail In The Coffin": Delaware Chancery Court Rejects Another Disclosure-Only Settlement
Only disclosure settlements involving "plainly material" disclosures and "narrowly circumscribed" releases will likely be approved in the future.
United States
18 Mar 2016
Recent Amendments To Federal Rules Of Civil Procedure
Over the course of the last two decades, the cost of litigation has grown exponentially, in large part due to the cost of e-discovery resulting from the abundance of electronically stored information.
United States
22 Dec 2015
Death Knell For The Merger Tax On Disclosure-Only Settlements In Delaware?
As discussed in our prior alert, virtually all large public company merger and acquisition ("M&A") transactions result in at least one stockholder lawsuit.
United States
29 Oct 2015
Delaware Courts Scrutinize Recent Proposed Settlement Agreements – A Harbinger Of Fewer M&A "Transaction Tax" Lawsuits?
As has been widely reported, almost every large public company merger and acquisition (M&A) transaction attracts at least one shareholder lawsuit.
United States
16 Sep 2015
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