The Sixth Circuit Court of Appeals recently held that a computer fraud rider to a “Blanket Crime Policy” covers losses from a hacker’s theft of customer credit card and checking account data.
litigation
Smart Grid Technology Implicates New Privacy Concerns
By David Munkittrick on
The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage. That data would then be sent to utilities through a wireless communications network. In recent years, utilities have increased the pace of smart meter deployment—smart meters are expected to be on 65 million homes by 2015. A smart grid could deliver electricity more efficiently and would enable consumers to track and adjust their energy usage in real time through a home display. But these new capabilities also implicate new privacy concerns.
Data Breach Case Research Paper Sheds Light
By Kristen J. Mathews on
In a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits in order to deduce just what makes them tick.
Romanosky, Hoffman and Acquisti examined, for example, what factual and legal…
Light, (Camera), Class Action! After Seven Years of Dormancy Since Inception, Businesses See Class Action Lawsuits for Alleged Violations of California’s “Shine the Light” Act
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There have been a number of class action lawsuits recently filed in California state courts against businesses for allegedly violating California’s Shine the Light privacy law.
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ZIP-lined Out of Court: Williams-Sonoma Obtains Dismissal of New Jersey ZIP Code Collection Suit
By Proskauer Rose on
On September 26, Judge William Walls of the U.S. District Court for the District of New Jersey ruled that a putative class action lawsuit against home goods retailer Williams-Sonoma failed to state a claim under New Jersey law. In Feder v. Williams-Sonoma Stores, Inc., the plaintiff sought damages for purported violations of New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) after a Williams-Sonoma employee allegedly required the plaintiff to provide her zip code as part of a credit card transaction. The district court’s decision supports what many people hope will continue to be the case, i.e., that it will be a challenge for plaintiffs’ lawyers to successfully transplant the California Supreme Court’s recent decision in Pineda v. Williams-Sonoma, Inc. (see our blog post here) into other jurisdictions.
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California District Court Closes the Gap Left by Ruiz
By Proskauer Rose on
On Monday, the Northern District of California granted Gap, Inc.’s Motion for Summary Judgment in Ruiz v. Gap, Inc., et al., Case No. 07-5739 SC, holding that Ruiz’s allegations of an increased risk of identity theft “do[] not rise to the level of appreciable harm necessary to assert a negligence claim under California law.”
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No Privacy Cause of Action for Od(e)ious Myspace.com Posting
By Proskauer Rose on
According to a new, partially-published California Court of Appeal decision, there is no cause of action for invasion of privacy under the California Constitution where a plaintiff’s myspace.com posting is republished in a newspaper. In Moreno et al. v. Hanford Sentinel, Inc., et al., F054138, slip op. (Cal. Ct. App. …
U.K. Internet Publication Rule Upheld; Internet Viewings Constitute Republication
By Proskauer Rose on
On March 10, 2009, the European Court of Human Rights held that the British Internet publication rule does not violate the right to free expression guaranteed by Article 10 of the European Convention. The case has profound implications for those bringing privacy- or disclosure-related tort claims based on materials available on the Internet – where U.K. law applies.