Privacy Law Blog

Tag Archives: litigation

Smart Grid Technology Implicates New Privacy Concerns

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 … Continue Reading

Data Breach Case Research Paper Sheds Light

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 characteristics made a company more likely to … Continue Reading

ZIP-lined Out of Court: Williams-Sonoma Obtains Dismissal of New Jersey ZIP Code Collection Suit

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. … Continue Reading

No Privacy Cause of Action for Od(e)ious Myspace.com Posting

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. April 2, 2009), plaintiff Cynthia … Continue Reading

U.K. Internet Publication Rule Upheld; Internet Viewings Constitute Republication

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 … Continue Reading
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