Mealey's Data Privacy

  • February 18, 2022

    7th Circuit Won’t Stay DOL Subpoena Enforcement In ERISA Investigation

    CHICAGO — A temporary stay pending appeal that a Seventh Circuit U.S. Court of Appeals judge granted Jan. 27 ended Feb. 15 after a panel considered opposition filed Feb. 10 by the U.S. secretary of Labor; the order at issue grants enforcement of an administrative subpoena against a company that provides record-keeping, administrative and consulting services for Employee Retirement Income Security Act plan clients.

  • February 17, 2022

    Preliminary Approval Sought For $90 Million Settlement Of Facebook Tracking Suit

    SAN JOSE, Calif. — Seven months after announcing that they had reached a settlement in principle with Facebook Inc. (now Meta Platforms Inc.) in a multidistrict litigation over its purported use of cookies to track users’ online activities, the four lead plaintiffs filed a motion in California federal court on Feb. 14 seeking preliminary approval of a $90 million settlement with the social network operator.

  • February 15, 2022

    Judge Finds Bitcoin Addresses Are Personal Information, Grants Motion To Redact

    WEST PALM BEACH, Fla. — Addressing one of several post-trial motions in a long-running bitcoin ownership dispute, a Florida federal judge on Feb. 8 ruled that bitcoin addresses and transactions are similar to traditional personally identifiable information (PII), granting the defendant’s motion to redact such information from trial exhibits.

  • February 14, 2022

    Zoosk Users Given 1 More Chance To Amend UCL Claim Over Data Breach

    SAN FRANCISCO — Partly granting a motion to file a third amended complete (TAC) over a 2020 data breach experienced by Zoosk Inc., a California federal judge on Feb. 7 found that the lead plaintiffs in the putative class action had somewhat cured efficiencies in their prior complaint but that their claim for violation of the unlawful prong of California’s unfair competition law (UCL) was still not properly pleaded.

  • February 10, 2022

    Objector To Zoom Privacy Class Action Settlement Calls Payments Too Small

    SAN JOSE, Calif. — The $15 payment amount available to her in the $85 million settlement of a consolidated class action against Zoom Video Communications Inc. is “too low in regard to the damage [she] suffered after Zoom failed to prevent unauthorized interruption” of videoconferencing sessions, a North Carolina woman says in an objection filed Feb. 7 in California federal court.

  • February 09, 2022

    Investor: Tech Company Hid Cyberattack, COVID-19 Effects On Contract Execution

    ALEXANDRIA, Va. — A technology company and certain key current and former senior executives violated federal securities laws by failing to disclose to investors that expected revenue growth coming from contracts the company entered into with governmental agencies to provide its digital identity software would be delayed due to a cyberattack scandal and the COVID-19 pandemic, a shareholder alleges in a securities class action complaint filed Feb. 7 in Virginia federal court.

  • February 09, 2022

    Facebook To Submit ‘Secret Sauce’ Report, Trump Info In User Profile-Sharing Suit

    SAN FRANCISCO — A California federal discovery special master on Feb. 7 ordered Facebook Inc. to submit any documents related to its work with the 2016 Trump election campaign, as well as any work with political action committees (PACs), deeming this information to be relevant to the plaintiffs’ privacy-related claims in a consolidated suit over the sharing of users’ data with third parties and granting the plaintiffs’ motion to compel.

  • February 07, 2022

    Magistrate: Plaintiffs Lack Standing In Medical Services Firm Data Breach Suit

    BUFFALO, N.Y. — A New York federal magistrate judge on Feb. 2 recommended that putative class claims over a medical management company’s 2020 data breach and ransomware attack be dismissed, finding a lack of subject matter jurisdiction due to a failure to plead concrete, nonspeculative injuries.

  • February 04, 2022

    Alameda Asbestos Plaintiffs Accuse Defendants Of Unapproved Genetic Testing

    OAKLAND, Calif. — Defendants are violating federal privacy regulations and chain of custody rules by allowing experts to perform genetic testing and research on asbestos plaintiffs’ pathology materials without disclosing it or seeking the permission of the individuals, plaintiffs say in a Jan. 7 California superior court brief seeking a protective order preventing the use of such materials for anything beyond defense of the case.

  • February 04, 2022

    9th Circuit Won’t Rehear Objection To Google Street View Cy Pres Settlement

    SAN FRANCISCO — Amicus curiae briefs filed by a group of state attorneys general (AGs) and an “[e]xperienced class action objector” failed to sway the Ninth Circuit U.S. Court of Appeals into granting a motion for rehearing by a class member who objected to the cy pres-only settlement of a long-running privacy suit over Google LLC”s Street View feature, with the court denying the motion without comment on Feb. 3.

  • February 04, 2022

    Illinois High Court:  Workers’ Comp Law Doesn’t Bar Employee’s Biometric Claims

    CHICAGO — Affirming an appeals court’s ruling, the Illinois Supreme Court on Feb. 3 ruled that the exclusivity provisions of an Illinois workers’ compensation law do not preclude a woman’s privacy class claims over her former employer’s fingerprinting practice under the state’s Biometric Information Privacy Act (BIPA), finding that her claimed injuries are not physical or psychological and, therefore, are not compensable under the compensation law.

  • January 31, 2022

    4th Amendment Implications Of Pole Camera Surveillance Argued In High Court Briefs

    WASHINGTON, D.C. — A man convicted for drug-trafficking tells the U.S. Supreme Court in a Jan. 26 reply supporting his petition for certiorari that the Seven Circuit U.S. Court of Appeals’ finding that the government’s 24-hour camera surveillance of his house did not constitute a search under the Fourth Amendment to the U.S. Constitution “squarely conflicts” with other appeals courts’ rulings, asking the high court to answer this “tremendously important question.”

  • January 31, 2022

    Editor’s Note

    The journalists and staff of Mealey’s Litigation Reports are saddened by the passing of co-founder Michael P. Mealey. He was a respected member of the newsletter community, being named publisher of the year by the National Newsletter Association and president of the National Newsletter Association. Mike and Judy Mealey started Mealey Publications Inc. in 1984. As president, Mike grew the Mealey’s Litigation Report portfolio, introduced email news bulletins and electronic CD formats and launched a continuing legal education conference business. Mealey’s was sold to LexisNexis in 2000. We hope to carry on his journalistic curiosity and integrity in the titles we continue to publish today under his name.

  • January 28, 2022

    7th Circuit Temporarily Stays DOL Subpoena Enforcement In ERISA Investigation

    CHICAGO — After an Illinois federal judge on Jan. 24 refused to stay pending appeal his order granting enforcement of the U.S. secretary of Labor’s administrative subpoena against a company that provides record-keeping, administrative and consulting services for Employee Retirement Income Security Act plan clients, the company turned to the Seventh Circuit U.S. Court of Appeals, which on Jan. 27 granted a temporary stay and ordered a response to the stay motion by Feb. 10.

  • January 27, 2022

    NSA Asks High Court For Filing Extension In State Secrets, Surveillance Suit

    WASHINGTON, D.C.  — Representing the National Security Agency (NSA), the U.S. government and a collection of government officials, U.S. Solicitor General Elizabeth B. Prelogar filed a motion with the U.S. Supreme Court on Jan. 26 requesting an extension of time to respond to a petition for certiorari filed by a group of Californians challenging the application of the state secrets privilege to prevent their access to classified documents in a putative class action over the NSA’s domestic surveillance program.

  • January 26, 2022

    Per Parties’ Stipulation, Amazon Privacy Claims Over ‘Alexa’ Dismissed

    SEATTLE — Three days after a stipulation of dismissal was filed by Amazon.com Inc. and a group of minor plaintiffs that sued the online retailer over privacy violations related to its “Alexa” digital assistant, a Washington federal judge on Dec. 21 dismissed the putative class action without prejudice.

  • January 25, 2022

    Wawa Urges Court To Grant Final Approval To Data Breach Settlement

    PHILADELPHIA — Objections raised by employee plaintiffs to a settlement of claims brought by a class of consumer plaintiffs are meritless and should be rejected, Wawa Inc. tells a Pennsylvania federal court in its Jan. 21 reply supporting the consumer plaintiffs’ motion for final approval of settlement of claims related to a 2019 hacking incident that occurred in its chain of convenience stores.

  • January 25, 2022

    Intervenor Can’t Participate In 9th Circuit Oral Arguments Over Yahoo Data-Sharing

    SAN FRANCISCO — A class member in the consolidated class action over Yahoo! Inc.’s data-sharing incidents who seeks to intervene in an appeal over the final approval of a $117.5 million settlement of the suit will not be permitted to take part in upcoming oral arguments, the Ninth Circuit U.S. Court of Appeals ruled Jan. 24, denying his motion to participate without comment.

  • January 24, 2022

    9th Circuit Issues Mandate In Remand Of Donor Information List Lawsuit

    SAN FRANCISCO — Three weeks after it vacated a ruling in favor of California’s attorney general (AG) in the wake of a U.S. Supreme Court ruling that struck down as unconstitutional a California requirement that nonprofits provide unredacted donor lists to the Internal Revenue Service, the Ninth Circuit U.S. Court of Appeals on Jan. 19 issued a mandate in accord with that ruling, stating that its Dec. 28 judgment granting the appellant nonprofit’s motion for summary disposition was now in effect.

  • January 24, 2022

    Enforcement Of DOL Subpoena In ERISA Investigation Appealed To 7th Circuit

    CHICAGO — Seeking reversal or modification of an Illinois federal judge’s order granting enforcement of an administrative subpoena by the secretary of Labor, a company that provides record-keeping, administrative and consulting services for Employee Retirement Income Security Act plan clients tells the Seventh Circuit U.S. Court of Appeals in a Jan. 19 brief that the subpoena exceeds the agency’s “limited authority.”

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