Proskauer on Privacy

Monthly Archives: December 2009

Data Breach Class Action Fails – Court Dismisses Securities Fraud Case Against Heartland

On December 7, 2009, a federal district court sitting in New Jersey dismissed a securities fraud class action lawsuit against Heartland Payment Systems arising from a massive breach of credit and debit card information and, in doing so, reinforced the difficulties private plaintiffs face in bringing data breach lawsuits under the federal securities laws.… Continue Reading

Attorney-Client Privilege Waived by Imputed Knowledge of Employee And Employee’s Attorney of Employer E-Mail Monitoring

In August, we wrote about the ruling of a New Jersey appellate court in Stengart v. Loving Care Agency, Inc., in which the court took a very narrow view of the ability of employers to monitor the e-mail communications of employees over its computer networks. In that case, which is now on appeal to the … Continue Reading

Consent to Cookies? Who Wouldn’t?

If the European Commission has anything to say about it, starting about 18 months from now companies will have to start obtaining consent from Web site visitors to place cookies on their computers. Last week, the European Parliament approved amendments to Europe’s e-Privacy Directive (see page 76, item 5) requiring, among other things, that operators … Continue Reading

Recent Death of Data Breach Class Action Resuscitates Lack of Standing Arguments in Identity Exposure Cases

In Amburgy v. Express Scripts, Inc., Magistrate Judge Frederick R. Buckles of the U.S. District Court for the Eastern District of Missouri held that "plaintiff's asserted claim of 'increased-risk-of-harm' fails to meet the constitutional requirement that a plaintiff demonstrate harm that is 'actual or imminent, not conjectural or hypothetical.' Plaintiff has therefore failed to carry his burden of demonstrating that he has standing to bring this suit." … Continue Reading
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