Mealey's Data Privacy

  • May 17, 2021

    Supreme Court Won’t Hear 5th Amendment Suit Over Compelling Phone Passcode

    WASHINGTON, D.C. — In its May 17 order list, the U.S. Supreme Court denied certiorari in a dispute between New Jersey and a former law enforcement officer over whether compelling the target of an investigation to unlock a secured smartphone violates the Fifth Amendment to the U.S. Constitution.

  • May 17, 2021

    U.S. High Court Won’t Review Age Bias Row Raising Discovery, GDPR Issues

    WASHINGTON, D.C. — The U.S. Supreme Court on May 17 denied a petition for a writ of certiorari filed by a U.S.-based company arguing that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR) and asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 14, 2021

    Missouri Appeals Court: DNA Evidence, Expert Properly Admitted In Estate Dispute

    ST. LOUIS — A probate court properly admitted DNA evidence and expert testimony that established that the grandchild of a decedent is entitled to a share of an estate, a Missouri appeals court found May 11.

  • May 12, 2021

    Discovery, GDPR Raised In High Court Appeal In Age Discrimination Employment Row

    WASHINGTON, D.C. — In an April 26 reply brief supporting its petition for certiorari, a U.S.-based company tells the U.S. Supreme Court that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR), asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 10, 2021

    Judge Dismisses Excess Insurer From Coverage Dispute Arising From Smart TV Litigation

    LOS ANGELES — A federal judge in California on May 4 granted an excess insurer’s motion to dismiss Vizio Inc.’s lawsuit seeking defense and indemnity for an underlying $17 million settlement and defense costs arising from class claims over the insured’s unauthorized collections of consumers’ television viewing data, dismissing the claims for breach of contract, breach of the implied covenant of good faith and fair dealing, equitable contribution and declaratory judgment with leave to amend.

  • May 10, 2021

    Economic Loss Questions Sent To Virginia High Court In Capital One Data Breach Row

    ALEXANDRIA, Va. — Having determined that Virginia law applies to negligence claims brought against Capital One Financial Corp. over its 2019 data breach, a Virginia federal judge on May 7 granted a motion by the credit card issuer to certify questions to the state high court on whether the economic loss rule bars such claims in such contexts.

  • May 10, 2021

    Final OK Given To ‘Cosmetic’ Settlement Of Facebook ‘View As’ Privacy Suit

    SAN FRANCISCO — Characterizing the settlement between Facebook Inc. and the last remaining plaintiff in a privacy class action against the social network as merely “cosmetic” and having achieved “limited success” in the original claims over a data breach via Facebook’s “view as” feature, a California federal judge on May 6 nevertheless found the security improvements required by the agreement to be sufficient to merit final approval.

  • May 07, 2021

    Samsung Seeks Arbitration Of Wiretap Class Claim Over Smart TVs

    NEWARK, N.J. — In a May 4 reply brief supporting its motion to compel arbitration, Samsung Electronics America Inc. argues in New Jersey federal court that the plaintiffs bringing a putative class action over the alleged data collection carried out by its smart TVs are bound by an arbitration provision within the terms and conditions (T&C) to which they each agreed.

  • May 04, 2021

    Judge Transfers Coverage Dispute Over Data Breach To Washington Federal Court

    MINNEAPOLIS — A federal judge in Minnesota on April 30 granted a motion by an excess errors and omissions insurer to transfer the venue of a commercial general liability insurer’s declaratory judgment lawsuit seeking reimbursement for its settlement of two lawsuits arising from a data and security breach of the insured’s computer network system that affected approximately 10 million individuals.

  • May 03, 2021

    Apple Opposes Discovery Of Customer Info In Suit Over Biometric Data Collection

    EAST ST. LOUIS, Ill. — Apple Inc. on April 28  moved to quash discovery subpoenas served on several major retailers by plaintiffs accusing it of violating Illinois’ Biometric Information Privacy Act (BIPA) via facial recognition technology within its Photos app, telling an Illinois federal court that the plaintiffs’ quest to obtain customers’ personal data, purportedly in connection with class determination, without their knowledge or consent runs directly counter to their data collection claims against Apple.

  • April 30, 2021

    U.S. High Court Seeks Response In Suit Over Access To Public-Sector Employee Info

    WASHINGTON, D.C. — The U.S. Supreme Court on April 29 requested a response from Washington state officials who previously waived their right to respond to a petition for a writ of certiorari filed by individuals and a group seeking to replace incumbent unions representing public-sector employees and arguing that a state law meant to protect the elderly from financial crimes contains a provision that prevents them from being able to communicate with public-sector employees who serve the elderly.

  • April 28, 2021

    Borrower Files Class Action Against Mortgage Loan Originator Over Data Breach

    PHOENIX — An originator and provider of residential mortgage loans acted with negligence in failing to properly secure the personal identifying information (PII) of its customers, which allowed an unknown third party to electronically access the PII, exposing the customers to damages and the risk of identity theft and cybercrimes, a borrower alleges in a class action complaint filed April 26 in Arizona federal court.

  • April 26, 2021

    Supreme Court Hears Arguments In Donor List Privacy Suit

    WASHINGTON, D.C. — Counsel for two nonprofit organizations, the California attorney general (AG) and the U.S. government fielded questions from the U.S. Supreme Court justices on April 26 over the proper standard for challenging the constitutionality of a California requirement that charities turn over donor lists.

  • April 22, 2021

    Microsoft Tells 2nd Circuit Government Secrecy Orders Violate 1st Amendment

    NEW YORK — In an April 12 reply brief, Microsoft Corp. argues to the Second Circuit U.S. Court of Appeals that gag orders issued by the government under the Stored Communications Act (SCA) violate the First Amendment to the U.S. Constitution as prior restraint because the orders did not meet the strict scrutiny standard.

  • April 22, 2021

    Chrome Users, Google Identify Discovery Disputes In Browser Privacy Lawsuit

    SAN JOSE, Calif. — Complying with a California federal magistrate judge’s order, Google LLC and a group of users of its Chrome internet browser filed a joint submission on April 20 enumerating various discovery items on which the parties have reached an impasse, including the production of electronically stored information (ESI) and the defendant’s quest for a protective order related to customer logs.

  • April 21, 2021

    Judge:  Amended Class May Not Be Considered In Deciding Remand Motion

    SANTA ANA, Calif. — A plaintiff’s decision to narrow his class definition in an amended complaint following removal may not be considered when deciding whether remand is appropriate, a federal judge in California ruled on April 20, denying remand of California unfair competition law (UCL) and privacy claims in a case concerning an automatic subscription renewal.

  • April 21, 2021

    Amazon Given More Time To Depose Plaintiffs’ Expert In Capital One Data Breach Row

    ALEXANDRIA, Va. — A Virginia federal magistrate judge on April 16 granted in part a motion by Amazon Web Services Inc. (AWS) to compel deposition testimony from the plaintiffs’ technical expert in a consolidated class action over Capital One Financial Corp.’s 2019 data breach, giving the co-defendant additional time to interview the expert over his reports related specifically to Amazon.

  • April 21, 2021

    2 Children’s Privacy Suits Against Google Consolidated In California Federal Court

    SAN Jose, Calif. — Two putative children’s privacy class actions against Google LLC and YouTube LLC were consolidated in California federal court on April 20 on a motion by the two defendants, with a judge agreeing that the two cases, which pertain to alleged inappropriate collection of the personally identifiable information (PII) of minors who watched videos on the platform, involve common questions of fact and law.

  • April 19, 2021

    Negligence Class Certified In Chili’s Data Breach Suit; Daubert Motion Denied

    JACKSONVILLE, Fla. — A motion to certify a class of Chili’s patrons affected by a 2018 data breach was partly granted on April 14, with a Florida federal judge certifying a nationwide class for only a negligence claim brought against the restaurant chain’s owner.

  • April 16, 2021

    Detroit Sued For Wrongful Arrest Based On Faulty Facial Recognition Technology

    DETROIT — A Black man who was wrongly arrested based on information obtained from facial recognition technology filed a civil rights lawsuit under the Fourth Amendment to the U.S. Constitution on April 13 in Michigan federal court, claiming that the technology is highly flawed and is skewed against people of color.

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