Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Nathanial J. Wood

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Seventh Circuit Revives Data Breach Case Despite No Evidence Of Monetary Harm

Posted in Cybersecurity / Data Security
The U.S. Court of Appeals for the Seventh Circuit (the “7th Circuit”) recently issued an opinion in Heather Dieffenbach, et al. v. Barnes & Noble, Inc. that is potentially concerning for current and potential defendants in class action claims related to data breaches.  The case relates to a 2012 incident where Barnes & Noble discovered… Continue Reading

Ninth Circuit Revives Data Breach Class Action, Finds Risk of Identity Theft Without Actual Harm Sufficient to Establish Standing

Posted in Uncategorized
Last week, the U.S. Court of Appeals for the Ninth Circuit revived a class action lawsuit related to a 2012 data breach, determining that the future risk of identity theft suffices to establish Article III standing, even where there has been no actual harm. At issue in the case, In re Zappos.com, was whether the… Continue Reading

Ninth Circuit: Disclosure of video viewing history constitutes harm sufficient to confer standing in federal court

Posted in Litigation, Privacy
The Ninth Circuit Court of Appeals has joined the Third and Eleventh Circuits in ruling that any disclosure of an individual’s online viewing history along with their personally identifiable information confers standing to bring a suit for violation of the Video Privacy Protection Act (VPPA) in federal court.  The case, Eichenberger v. ESPN, Inc., Case… Continue Reading

Divided Fifth Circuit Rules That Government May Obtain Cell Phone Location Information Without A Warrant

Posted in Criminal Law, Privacy
In a departure from the recent position staked out by the New Jersey Supreme Court, the Fifth Circuit ruled yesterday in In Re: Application Of The United States Of America For Historical Cell Site Data, Case No. 11-20884, that a warrant is not required for the government to obtain cell site information, which effectively allows… Continue Reading