Mealey's Data Privacy

  • March 22, 2022

    Alameda County Judge Orders Briefing To Clarify Asbestos Genetic Testing Spat

    OAKLAND, Calif. — An Alameda County judge on March 4 issued a tentative ruling asking for more briefing on a protective order seeking to preclude genetic and destructive testing of pathology materials in an asbestos case, protect the chain-of-custody of pathology materials and prevent experts from using those materials in research outside the needs of the case.

  • March 22, 2022

    Macy’s Denied Interlocutory Appeal Bid In Clearview Biometric Collection MDL

    CHICAGO — Macy’s Inc. failed to present any controlling questions of law that would merit an interlocutory appeal of a ruling that denied dismissal of putative class claims against the retailer under the Illinois Biometric Information Privacy Act (BIPA), an Illinois federal judge ruled March 18, permitting a multidistrict litigation based on the retailer’s use of a facial scan database created by Clearview AI Inc. to proceed.

  • March 16, 2022

    Judge: Closer Read Of Policy Exclusion Reveals It Does Not Extend To BIPA Claims

    CHICAGO — A federal judge in Illinois held on March 8 that a closer read of commercial general liability insurance policy’s employment-related practices exclusion reveals that it does not extend to underlying claims that a family-owned and operator grocery store chain violated the Illinois Biometric Information Privacy Act, denying the CGL insurer’s motion for summary judgment.

  • March 16, 2022

    Settlement Announced In Class Action Over Facebook Data Scraping

    SAN FRANCISCO — In a March 3 filing, Meta Platforms Inc. (formerly Facebook Inc.) and a group of Android phone users announced that they had “reached a settlement in principle of the privacy and fraud putative class claims over the social network’s now-discontinued practice of scraping call and text log information from certain Android phone models.

  • March 10, 2022

    Meta Sued For Misstatements About Efforts To Mitigate Apple Data Privacy Changes

    OAKLAND, Calif. — Meta Platforms Inc., formerly known at Facebook Inc., and several of its senior executives were hit with a shareholder class action lawsuit on March 8 in California federal court, alleging that the defendants failed to disclose that mitigation efforts the company implemented to counteract data privacy changes Apple Inc. made to its iOS platform were not manageable and resulted in loss of advertising revenue in violation of federal securities laws.

  • March 10, 2022

    North Carolina Man’s Equifax Data Breach Suit Dismissed Due To MDL Settlement

    CHARLOTTE, N.C. — Because a North Carolina man did not opt out of a 2020 settlement of a multidistrict litigation over a 2017 data breach experienced by Equifax Credit Information Services LLC, a North Carolina federal judge on March 7 found that his individually filed lawsuit against the credit reporting company merited dismissal because the settlement dismissed all claims against the defendant that were, or could have been, brought in the MDL.

  • March 08, 2022

    Chrome Users Ask Court To Compel Production From Google’s Auditor

    SAN JOSE, Calif. — Four months after a California federal magistrate judge ordered financial auditor Ernst & Young LLC (E&Y) to produce certain records that were deemed relevant to contractual and privacy claims brought against Google LLC by users of its Chrome web browser, the plaintiffs on March 4 moved to compel compliance with that order, stating that the defendant had blocked E&Y from submitting more than 6,000 documents responsive to its requests for production (RFPs).

  • March 07, 2022

    Justices Decline Review Of Google+ Data Breach Stock-Drop Lawsuit

    WASHINGTON, D.C. — The U.S. Supreme Court on March 7 declined review of a Ninth Circuit U.S. Court of Appeals panel’s ruling substantially overturning a federal district court’s dismissal of shareholder claims in a securities class action against Google LLC, Google parent company Alphabet Inc. and others stemming from alleged misrepresentations the defendants made concealing data security and management integrity issues relating to the Google+ social media network.

  • March 04, 2022

    FISA Does Not Displace State Secrets Privilege, Supreme Court Rules

    WASHINGTON, D.C. — In a unanimous, but narrow, ruling, the U.S. Supreme Court on March 4 concluded that the in camera and ex parte examination procedures of Section 1806(f) of the Foreign Intelligence Surveillance Act (FISA) do not displace the state secrets privilege, reversing and remanding a Ninth Circuit U.S. Court of Appeals judgment to the contrary in a dispute over the FBI’s surveillance of Muslim communities in the United States.

  • March 04, 2022

    Software Company’s Statements Not Misleading, Made With Scienter, Panel Rules

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on March 2 ruled that a federal district court did not err in dismissing shareholder claims in a securities class action against a software company and two of its senior executives stemming from statements they made regarding data security measures the company had in place before discovering a massive data breach because the shareholders failed to sufficiently plead that five statements the defendants made were materially false or misleading or made with the requisite scienter.

  • March 02, 2022

    Ohio High Court Accepts Insurer’s Appeal Of Dispute Over Ransomware Attack

    COLUMBUS, Ohio — The Ohio Supreme Court on March 1 accepted a businessowners insurer’s appeal seeking review of an appeal court majority’s reversal of a summary judgment ruling in its favor in a medical billing company insured’s breach of contract and bad faith lawsuit seeking coverage for an underlying ransomware attack.

  • March 01, 2022

    Google, Channel Owners Tell 9th Circuit Federal Law Preempts State Privacy Claims

    SAN FRANCISCO — In briefs filed Feb. 25, Google LLC and a group of owners of kid-targeted channels on YouTube LLC’s platform ask the Ninth Circuit U.S. Court of Appeals to affirm a trial court’s finding that a group of minors’ state law claims over Google’s purported collection of the minors’ personally identifiable information (PII) is preempted by the Children’s Online Privacy Protection Act (COPPA).

  • February 24, 2022

    Amici Urge High Court To Grant Certiorari In NSA Surveillance Suit

    WASHINGTON, D.C. — Three amicus curiae briefs were filed in the U.S. Supreme Court on Feb. 18, with various nonprofit and privacy advocacy organizations supporting a petition for certiorari by a group of Californians opposing the National Security Agency’s (NSA) domestic surveillance program as unlawful and unconstitutional.

  • February 24, 2022

    Banks Awarded $12.88M In Fees, Costs, Interest In Home Depot Data Breach Suit

    ATLANTA — In a long-running suit that is on remand after a second time before the 11th Circuit U.S. Court of Appeals, a Georgia federal judge on Feb. 7 adopted the appeals court’s mandate and issued an order awarding $12,884,154.48 in costs and fees to a group of financial institution (FI) plaintiffs that sued Home Depot Inc. over a 2014 data breach.

  • February 24, 2022

    The Gap Tells 9th Circuit Arbitration Clause Bars Patron’s Privacy Claims

    PASADENA, Calif. — A California federal judge misread and misinterpreted the plain language of the agreement governing a branded credit card, The Gap Inc. says in its Feb. 17 reply brief to the Ninth Circuit U.S. Court of Appeals, arguing that the agreement’s arbitration clause permits it as a third-party beneficiary to compel a plaintiff customer to arbitrate her privacy and unfair competition claims over the sharing of her personal data in risk score report.

  • February 11, 2022

    COMMENTARY: China’s New Privacy and Data Security Statutes Further Complicate U.S. Litigations

    By Don Z. Wang, Brooke J. Oppenheimer and Shawn Lee

  • February 23, 2022

    DOL Urges 7th Circuit To Uphold Subpoena Enforcement In ERISA Investigation

    CHICAGO — Information demanded during investigation of alleged cybersecurity breaches is within the U.S. Department of Labor (DOL) authority and a company that provides services regarding Employee Retirement Income Security Act plans “cannot hide behind its agreements with clients to shield the plans from regulatory scrutiny that serves to protect plan participants and the public interest,” the U.S. secretary of Labor argues in a Feb. 18 appellee brief before the Seventh Circuit U.S. Court of Appeals.

  • February 23, 2022

    Justices Decline Petition Over ‘Dragnet Snooping’ In Tax Evasion Investigation

    WASHINGTON, D.C. — A man’s contention that District of Columbia law improperly allows tax investigators to conduct “a fishing investigation” of massive amounts of personal data will go unaddressed by the U.S. Supreme Court, which on Feb. 22 denied a petition  for certiorari that invoked the third-party doctrine of the Fourth Amendment to the U.S. Constitution and the issuance of warrantless summonses.

  • February 23, 2022

    Supreme Court Won’t Hear 4th Amendment Petition Over Pole Camera Surveillance

    WASHINGTON, D.C. — An Illinois man who was convicted under federal drug laws won’t have his challenge to the denial of his motion to suppress evidence heard by the U.S. Supreme Court, which on Feb. 22 denied his petition for certiorari over a question of whether the government’s use of pole cameras to conduct 24-hour surveillance of his home violated his rights under the Fourth Amendment to the U.S. Constitution.

  • February 22, 2022

    Federal Securities Law Claims In Zoom Stock-Drop Suit Significantly Trimmed

    SAN FRANCISCO — The court-appointed lead plaintiff in a securities class action against video communications platform application provider Zoom Communications Inc. and two of its senior executives has substantially failed to plead his federal securities law claims against the individual defendants, in which he alleges that they misrepresented the company’s privacy and security measures, a federal judge in California ruled Feb. 16 in partially granting the defendants’ motion to dismiss.

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