Searching Content indexed under Data Protection by Hanley Chew ordered by Published Date Descending.
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Pennsylvania High Court's Dittman Ruling Makes It Harder To Dismiss Data Breach Actions
The Pennsylvania Supreme Court recently held that employers have "a legal duty to safeguard" the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine allows plaintiffs to recover purely pecuniary damages on a negligence claim "provided that [they] can establish the defendant's breach [of that duty]."
United States
2 Jan 2019
Biometric Data Privacy Act Class Action Dismissed For Lack Of Actual Injury
A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act ...
United States
23 Aug 2018
California's New Landmark Data Privacy Regulation And What Companies Need To Do To Comply
Governor Jerry Brown on June 28, 2018, signed into law the California Consumer Privacy Act (AB 375, or CCPA)—the most comprehensive data privacy regulation to date in the United States.
United States
24 Jul 2018
Appellate Court Affirms Dismissal Of Former Employee's Data Breach Claims
The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm...
United States
16 Jul 2018
Takeaways From The 11th Circuit's Reversal Of The FTC's Data Security Order Against LabMD
The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. FTC, vacating a FTC cease and desist order directing LabMD to overhaul its data security program...
United States
11 Jul 2018
Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations On Their Own Are Insufficient For Standing
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations...
United States
15 Mar 2018
Allegations Of Procedural Biometric Data Privacy Violations Not Enough For Class Action, Says Appeals Court
The U.S. Court of Appeals for the Second Circuit on Nov. 21, 2017, affirmed the dismissal of a putative class action alleging violations of the Illinois Biometric Information Privacy Act ...
United States
30 Nov 2017
Fenwick's Top Articles On Privacy, Patent Venue, Index Rules, SCOTUS And More
Recent months have brought important business, legal and regulatory developments. We analyzed Fenwick's client alerts and rounded up the most popular ones with our readers ...
United States
7 Nov 2017
Top 10 Best Practices for Handling A Data Breach
Data breaches are a reality that all businesses need to take seriously. Knowing your vulnerabilities is only part of the solution.
United States
3 Nov 2017
Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech...
United States
9 Oct 2017
Equifax Breach: 3 Immediate Steps Leading Companies Are Taking To Respond
Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers...
United States
28 Sep 2017
Eighth Circuit Holds Data Breach Plaintiffs Must Allege Actual Injury To Establish Standing
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing.
United States
13 Sep 2017
Eighth Circuit Finds Standing In Data Breach Case For Privacy Policy Violation, Dismisses For Lack Of Specificity
The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs' contractual ...
United States
1 Sep 2017
The DC Circuit Opens The Door To Data Breach Plaintiffs Alleging Substantial Risk Of Future ID Theft
The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage.
United States
18 Aug 2017
Washington Joins Illinois And Texas In Enacting Biometric Data Law
As voice recognition and facial scan technology has improved, organizations are increasingly employing the use of biometric identifiers in the authentication processes for devices and...
United States
3 Jul 2017
Second Circuit Limits Standing To Bring Data Breach Class Actions
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores...
United States
11 May 2017
The Fourth Circuit Limits Standing To Bring Data Breach Cases
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment...
United States
6 Mar 2017
Supreme Court Decision Hasn't Helped To Clarify Standing In Privacy Cases
In May 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo v. Robins, addressing the Article III standing requirement. In Spokeo, the Supreme Court found that, in order to have standing...
United States
22 Feb 2017
Cybercrime Frequency And Complexity Will Continue Into 2017
From the hack of the DNC email accounts to the massive data breaches suffered by large technology companies, and numerous government agencies, the news seemed inundated by a steady stream of high profile cybercrime.
United States
21 Feb 2017
Pennsylvania Court Holds Google Must Produce Emails Stored Overseas
Last week, in In re Search Warrants Nos. 16-960-M-01and 16-1061-M to Google, a federal magistrate judge in the Eastern District of Pennsylvania ordered Google to comply with three search warrants....
United States
16 Feb 2017
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