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Category Archives: Uncategorized

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No Class: Hulu Users Lose Certification Motion

Posted in Data Privacy Laws, Online Privacy, Privacy Litigation, Uncategorized

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the decision was without prejudice). The plaintiffs alleged Hulu violated the federal Video Privacy Protection Act by configuring its website to include a… Continue Reading

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

Posted in European Union, International, Uncategorized

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working Document sets forth various mechanisms which can be utilized by websites to obtain consent for the use of cookies in compliance with all… Continue Reading

Ninth Circuit Reverses Class Action Coupon Settlement Because Attorneys Were Awarded Fees Based on Hours Worked Rather Than Coupon Value

Posted in Uncategorized

On May 15 a Ninth Circuit panel reversed the district court’s approval of a class action settlement, holding that attorney’s fees awarded in connection with a coupon for the class members must be tied to actual redemption of the coupons rather than the time the attorneys spent working toward the coupon settlement. (In re HP… Continue Reading

The SEC and CFTC Adopt Identity Theft Red Flag Rules

Posted in Identity Theft, Uncategorized

The Securities and Exchange Commission (the “SEC”) and Commodity Futures Trading Commission (the “CFTC”) recently adopted rules requiring entities subject to their respective enforcement authorities to adopt and implement programs to detect and respond to indicators of possible identity theft, as required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the… Continue Reading

HHS Announces New Patient Privacy and Security Protections

Posted in HIPAA, Medical Privacy, Mobile Privacy, Privacy Litigation, Security Breach Notification Laws, Uncategorized

On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections; (2) provides individuals with new rights to receive a copy of their electronic medical record in an electronic form;  and (3) provides individuals with the right to… Continue Reading