Tag Archives: privacy

Concrete and Particularized Part II: What Spokeo May Mean for Class Actions

Photo of Rand L. McClellanPhoto of Keesha N. WarmsbyBy Rand L. McClellan and Keesha N. Warmsby on Posted in Class Actions Privacy
This blog post is the second in a series of posts that Baker & Hostetler LLP is devoting to the significant decision Robins v. Spokeo, No. 13-1339, 537 U.S. ___ (2016) (Spokeo). Monday’s post focused on Spokeo’s effect on privacy class actions and big data. Today’s post focuses on the decision’s impact on class actions. … Continue Reading

Data Breach Class Action Standing Post-Clapper

Photo of Patrick T. LewisBy Patrick T. Lewis on Posted in Class Action Trends, Class Actions Privacy, Data Breach
Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court’s decision in Clapper:  “No Data Misuse? No Standing For Data Breach Plaintiffs.”  Judy’s piece highlights the challenges that face data breach plaintiffs post-Clapper, but also points out that: The continued proliferation of data … Continue Reading

IRS Fighting Hard to Avoid Tea Party Class Action Claims

By Jennifer Benda on Posted in Class Actions Privacy, Rule 12 Motions to Dismiss, Standing
The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups.  In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS singled out their organizations when those organizations sought exemption from taxation pursuant to Section 501(c)(4) of … Continue Reading

Illinois Supreme Court Finds Insurance Coverage for TCPA Claims under Traditional Liability Policies

By Judy Selby on Posted in Class Actions Privacy
This post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. The Illinois Supreme Court held on May 23, 2013, that claims based on alleged violation of the Telephone Consumer Protection Action (TCPA) are covered under traditional general liability policies.  Standard Mut. Ins. Co. v. Lay,  2013 IL 114617 (Ill. 2013).  In so ruling, the Court … Continue Reading

Insurance Coverage for Class Action Lawsuits

By Judy Selby on Posted in Insurance, Practice Pointers
Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.”  The same can be said about class action lawsuit filings after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (plaintiffs required to show … Continue Reading

Court Denies Motion for Class Certification in Hannaford

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Class Actions Privacy
Editor’s Note: This is a cross-blog post with BakerHostetler’s Data Privacy Monitor blog.  For the latest news and updates regarding privacy and data protection, visit www.DataPrivacyMonitor.com. In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of … Continue Reading

Massachusetts Echoes California and Disavows Data Mining by Zip Code

By Yulia Fradkin on Posted in Class Actions Privacy, Class Certification, Consumer Fraud
In a decision last week, the Massachusetts Supreme Court held that zip codes are personally identifiable information, perhaps serving as a harbinger for other state court decisions still to come. This ruling is important for all retailers when considering their privacy practices in conjunction with ever-evolving privacy laws, especially in the class action context. In Tyler … Continue Reading

South Korea Opens the Door for Unintentional Data Breach Collective Actions

Photo of Nathan A. SchachtBy Nathan A. Schacht on Posted in Class Actions Privacy, Class Certification, Data Breach, International Class Action Law
This is a cross blog post with BakerHostetler’s data privacy blog.  For the latest in developments in data privacy, visit dataprivacymonitor.com. For a multi-jurisdictional summary of key requirements of international data privacy laws, see BakerHostetler’s  International Compendium of Data Privacy Laws. On February 15, 2013, the Seoul Western District Court in South Korea issued a … Continue Reading

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

By Tina Amin on Posted in Class Certification, Data Breach, Settlements
In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary approval of a proposed class settlement in a federal class action suit brought by a client of a blood bank … Continue Reading
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