Mealey's Data Privacy

  • January 19, 2022

    Judge: Employment Related Practices Exclusion Bars Coverage For BIPA Violation Suit

    CHICAGO — A federal judge in Illinois on Jan. 7 granted a businessowners insurer’s motion for summary judgment in its lawsuit disputing coverage for underlying claims that its insured violated the Biometric Information Privacy Act (BIPA), finding that the policy’s “employment related practices” (ERP) exclusion precluded coverage.

  • January 14, 2022

    High Court Seeks Response In Appeal Of Google Parent Company Stock-Drop Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 1 requested that the Office of the Rhode Island Treasurer on behalf of the Employees’ Retirement System of Rhode Island respond to a petition for writ of certiorari seeking 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.

  • January 13, 2022

    Objector To Google Street View Privacy Suit Settlement Seeks 9th Circuit Rehearing

    SAN FRANCISCO — A class member who objected to a cy pres-only settlement of privacy claims over Google Inc.’s Street View feature filed a motion for rehearing en banc on Jan. 10, asking the Ninth Circuit U.S. Court of Appeals to take another look at the propriety of cy pres settlements to class actions (In re Google LLC Street View Electronic Communications Litigation.

  • January 12, 2022

    Data-Sharing Suit Plaintiffs Say Facebook’s Discovery Proceeds At ‘Anemic Pace’

    SAN FRANCISCO — Facebook Inc. and the consolidated plaintiffs suing it over the 2015 Cambridge Analytica data-sharing incident jointly filed a status report in California federal court on Jan. 10, in which the plaintiffs accuse Facebook of bringing the discovery process “to a grinding halt,” while the social network faults the plaintiffs for relitigating settled issues and not adequately identifying what personally identifiable information (PII) of theirs was purportedly shared with third parties.

  • January 10, 2022

    High Court Rebuffs Challenge To Ghostwritten Orders In Equifax Data Breach Suit

    WASHINGTON, D.C. — A petition for certiorari filed by two objectors to the settlement of the consumer class in the consolidated class action over Equifax Inc.’s 2017 data breach was denied by the U.S. Supreme Court in its Jan. 10 order list, leaving unaddressed the petitioners’ questions about the propriety of settlement orders ghostwritten by prevailing counsel and the adequacy of class representation.

  • January 06, 2022

    Hotel Franchisor, Franchisee To Turn Over Guest List In Carbon Monoxide Class Suit

    DENVER — A federal magistrate judge in Colorado on Jan. 3 directed the defendants in a lawsuit over an alleged carbon monoxide poisoning incident at a Boulder, Colo., hotel to turn over the list of guests during a weeklong period to three guests who filed a putative class complaint, rejecting the arguments by the franchisor, franchisee and other defendants that the guests’ privacy rights would be violated and that plaintiffs’ counsel may misuse the information.

  • January 05, 2022

    7th Circuit Certifies Question In Fingerprint Class Suit To Illinois High Court

    CHICAGO — The Seventh Circuit U.S. Court of Appeals in a putative class complaint over the collection of restaurant workers’ fingerprint scans on Dec. 20 certified a question to the Illinois Supreme Court regarding the accrual of claims under the Illinois Biometric Privacy Act (BIPA).

  • January 04, 2022

    Judge:  Government’s 6th Amendment Violations Don’t Merit Reduced Sentences

    KANSAS CITY, Kan. — A prison inmate who alleged that the government’s eavesdropping on his meetings with counsel violated his rights under the Sixth Amendment to the U.S. Constitution failed to demonstrate that his sentencing was tainted by the purported breach of attorney-client privilege, a Kansas federal judge ruled Jan. 3, denying the petitioner’s motion to vacate or reduce his sentence.

  • December 23, 2021

    Facebook Escapes Investor Class Action Over Cambridge Analytica Data Breach

    SAN JOSE, Calif. — Lead plaintiffs in a securities class action against social media networking website Facebook Inc. and three of its senior executives have once again failed to cure pleading deficiencies in alleging that the defendants violated federal securities laws by misrepresenting company’s privacy and data protection practices, a federal judge in California ruled Dec. 20 in dismissing the action with prejudice.

  • December 20, 2021

    4th Circuit Holds NSA Surveillance Suit In Abeyance Pending Supreme Court Ruling

    RICHMOND, Va. — Wikimedia Foundation’s petition for rehearing of its constitutional claims over the National Security Agency’s (NSA) upstream surveillance program will be held in abeyance pending resolution of a U.S. Supreme Court case that also centers on the Foreign Intelligence Surveillance Act (FISA) and the state secrets privilege, the Fourth Circuit U.S. Court of Appeals ruled Dec. 14.

  • December 17, 2021

    British Woman’s GDPR Suit Against U.S. Firm Dismissed For Forum Non Conveniens

    NEW YORK — Concluding that the United Kingdom would be the better forum for adjudicating claims brought under the U.K. General Data Protection Regulation (U.K. GDPR), a New York federal judge on Dec. 14 granted a U.S.-based defendant’s motion to dismiss a GDPR violation claim brought against it by a U.K. woman who sought to represent a class of U.K. residents.

  • December 17, 2021

    JPMDL Sets Hearing For Objector To Transfer Of T-Mobile Data Breach Suit

    WASHINGTON, D.C. — Three days after a California man filed an objection to having his lawsuit against T-Mobile USA Inc. consolidated with dozens of others in Missouri federal court, the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) on Dec. 16 set a Jan. 27 date for a hearing on whether the suit should be transferred along with the others, which all pertain to the wireless carrier’s August 2021 data breach.

  • December 15, 2021

    Minor YouTube Users Tell 9th Circuit Claims Are Consistent With COPPA

    SAN FRANCISCO — A trial court erred in finding their privacy claims over YouTube LLC’s unauthorized collection of children’s personally identifiable information (PII) to be preempted by the Children’s Online Privacy Protection Act (COPPA), a group of minors tell the Ninth Circuit U.S. Court of Appeals in a Dec. 13 opening brief, asserting that they properly alleged state law claims that were consistent with, and permissible under, the federal statute.

  • December 15, 2021

    6th Circuit:  Arbitration Clause Properly Enforced In StockX Data Breach Suit

    CINCINNATI — A trial court properly dismissed putative class claims against online retailer StockX LLC over a 2019 data breach in accord with an arbitration provision, a divided Sixth Circuit U.S. Court of Appeals panel ruled Dec. 2, holding that arguments of unconscionability and lack of assent under the infancy doctrine are properly left for an arbitrator to decide.

  • December 15, 2021

    COMMENTARY: Key U.S. Insurance Decisions, Trends, & Developments: In These Times Of ESG, Social Inflation, COVID-19, Cyber/Privacy, Civil Unrest, Opioids & Other Perils

    By Scott M. Seaman and Sarah Anderson  

  • December 15, 2021

    Plaintiffs In Clearview Photo Database Suit Defend Compel, Protective Order Motions

    CHICAGO — The named plaintiffs in a putative class action alleging improper biometric data collection in a massive photo database created by Clearview AI Inc., filed reply briefs in Illinois federal court on Dec. 10 supporting motions to compel the defendant to comply with their discovery requests and to protect them from the defendant’s discovery requests for which it “cannot credibly contend” it has any “legitimate need.”

  • December 14, 2021

    NSA Opposes 4th Circuit Rehearing In Wikimedia’s Upstream Surveillance Suit

    RICHMOND, Va. — Stating that a Fourth Circuit U.S. Court of Appeals panel correctly concluded that the in camera review provision in the Foreign Intelligence Surveillance Act (FISA) does not displace the state secrets privilege, the National Security Agency (NSA) argues in a Dec. 9 brief that there is no reason to grant Wikimedia Foundation’s motion for rehearing en banc regarding the government’s withholding of classified documents in a long-running suit over the agency’s upstream surveillance activities.

  • December 14, 2021

    Chicago Police Officers, Other Employees Denied TRO In Vaccine Class Suit

    CHICAGO — Chicago police officers and other city employees suing over Chicago’s vaccine mandate have not shown that they are likely to succeed on the merits of their claims, a federal judge in Illinois ruled Dec. 1, denying the workers’ emergency petition for a temporary restraining order (TRO).

  • December 13, 2021

    Appeal Over Privacy Of Prisoners’ HIV Status Won’t Be Heard By Supreme Court

    WASHINGTON, D.C. — After having his privacy and constitutional claims rejected by a trial court and the Fourth Circuit U.S. Court of Appeals, an HIV positive inmate had his question over whether his status was entitled to constitutional privacy protections rebuffed by the U.S. Supreme Court in its Dec. 13 order list.

  • December 13, 2021

    Homeowners’ Privacy Claims Against Mortgage Servicer Survive Dismissal Motion

    CLEVELAND — An Ohio couple’s negligence and invasion of privacy putative class claims over the sharing of their personally identifiable information (PII) with a third party were sufficient to mostly withstand a motion to dismiss, an Ohio federal judge ruled Dec. 7, finding that the plaintiffs adequately alleged that their mortgage servicer had a duty to safeguard their data and that they sustained damages as a result of the breach of that duty.

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