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Category Archives: Invasion of Privacy

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California District Court Dismisses Privacy Class Action Lawsuit Against LinkedIn

Posted in California, Invasion of Privacy, Online Privacy

A California District Court has dismissed with prejudice a class action lawsuit filed against LinkedIn on behalf of its registered users, finding the allegations too speculative to sustain a lawsuit. An earlier Complaint filed by one of the representative Plaintiffs was dismissed by the Court without prejudice, allowing the Plaintiff to amend the Complaint and bring… Continue Reading

Proskauer Lawyers Help Secure Victory for DNA Privacy Rights

Posted in Invasion of Privacy

On August 25, 2011, the Massachusetts Appeals Court, in a case of first impression, ruled that the state crime lab’s retention of an individual’s DNA sample beyond the limitations promised to him by the police when they took the voluntary sample state a claim for invasion of privacy, and for violation of the state’s Fair Information Practices Act (“FIPA”). The case, Amato v. District Attorney, No. 10-P-354 (Mass. Ct. App. Aug. 25, 2011), is a significant win for privacy advocates and the Firm. Proskauer partner Mark Batten and former associate Sandra Badin handled the matter with assistance from the Firm’s pro bono partner, the ACLU.

Florida Supreme Court Holds CGL Policy Covers an “Advertising Injury” Based Upon a TCPA Violation

Posted in Direct Marketing, Invasion of Privacy

The Florida Supreme Court recently held that a commercial general liability (“CGL”) insurance policy that provides coverage for an “advertising injury” covers a violation of the Telephone Consumer Protection Act (“TCPA”). The definition of “advertising injury” in the CGL policy at issue provided coverage for an “injury arising out of” the “[o]ral or written publication of material that violates a person’s right of privacy.” In finding that coverage existed, the court noted that the TCPA protects the privacy right to seclusion.

Google Execs Face Privacy-Related and Other Criminal Charges for Taunting Video

Posted in International, Invasion of Privacy

Several Google executives, including the Company’s global privacy counsel, Peter Fleischer, will face criminal charges in Italian court stemming from Italian authorities’ two-year investigation of a video posted on Google Video showing a disabled teen being taunted by classmates. The video, posted in 2006, depicts four high school boys in a Turin classroom taunting a classmate with Down syndrome and ultimately hitting the young man over the head with a box of tissues. Google removed the video on November 7, 2006, less than twenty-four hours after receiving multiple complaints about the video. Nonetheless, Fleischer and his Google colleagues face criminal charges of defamation and failure to exercise control over personal information that carry a maximum sentence of three (3) years.

CA Supreme Court Considers Invasion of Privacy Claims

Posted in Invasion of Privacy

California High Court Hears Argument Regarding Invasion of Privacy Claims On Tuesday, December 5, the California Supreme Court heard argument in the case of Taus v. Loftus, S133805. Loftus is a psychologist and UC Irvine professor who allegedly misidentified herself for the purpose of obtaining information to dispute conclusions of a case study regarding repressed… Continue Reading