Data Law Insights

Data Law Insights

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

Category Archives: Litigation

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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

Can You Copyright Infringe Anonymously? Revisited.

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
On November 28, 2017, the Sixth Circuit, in a 2:1 decision, ruled on the anonymous copyright infringement case we discussed back in April. The central issue in the case involved whether an adjudicated copyright infringer can remain anonymous. A decision in favor of the infringer could encourage anonymous unlawful speech. A decision in favor of… Continue Reading

D.C. Circuit: Alleged theft of healthcare subscriber information satisfies Article III harm standard under Spokeo

Posted in Data Breach, Insurance, Litigation
The U.S. Court of Appeals for the D.C. Circuit has now weighed in on whether plaintiffs can bring a putative class action arising from an alleged data breach in lieu of allegations of actual misuse of compromised data.  Emphasizing the “low bar to establish [] standing at the pleading stage,” the D.C. Circuit reversed a… Continue Reading

Recent IoT Device Cases

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
“There are many ways to surveil each other now, unfortunately,” including “microwaves that turn into cameras, et cetera.  So we know that that is just a fact of modern life.”  Kellyanne Conway, March 12, 2017 Interview with New Jersey’s The Record. Data from microwaves-turned-cameras has yet to appear in court, but data from other IoT devices… Continue Reading

Data Breach Class Action Dismissed for Not Establishing Economic Injury

Posted in Data Breach, Litigation
Earlier this week, a federal Illinois court dismissed a class action against book retailer Barnes & Noble that alleged breach of contract, invasion of privacy, and violations of state consumer fraud and breach reporting laws. The case, dismissed for failing to establish economic harm, marks another data point in demarcating actionable data breaches and highlights… Continue Reading

Supreme Court to Hear Major Cellphone Privacy Case

Posted in Admissibility, Litigation, Privacy
Yesterday, the Supreme Court announced that it will hear a case with significant ramifications for privacy in the digital age. The case involves a man convicted of armed robbery based in part on cellphone location data obtained without a probable cause warrant. The conviction was appealed at the Sixth Circuit Court of Appeals, which held… Continue Reading

Gunning For An Anonymous Internet Defamer or Infringer’s Identity …

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
… outside your main jurisdiction can have collateral consequences. In Gunning v. Doe, 2017 WL 1739442 (Me. May 4, 2017), Maine’s highest court just dodged the issue of the applicable First Amendment test for the disclosure of an anonymous speaker accused of defamation.  Instead, it deferred to California’s test.  Why?  Collateral estoppel:  the defamation plaintiff… Continue Reading

Can You Copyright Infringe Anonymously?

Posted in Advertising & Product Risk Management, Cybersecurity / Data Security, Litigation
Yesterday, the Sixth Circuit heard an anonymous copyright infringement case of first impression. See Signature Management Team, LLC v. Doe, No. 16-2188 (6th Cir.). The issue: whether an adjudicated copyright infringer can remain anonymous. The infringer said he can. “John Doe” appeared in the case through counsel and defended against Signature’s infringement claim. He lost.… Continue Reading