Archives: Privacy Litigation

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RockYou Proposed Settlement Would Leave Decision Standing

The parties in the Claridge v. RockYou case submitted a proposed settlement agreement to the court for approval on November 14, 2011.  This case, which was filed shortly after RockYou disclosed a breach that compromised 32 million log-in credentials, received national attention in the spring.  In April 2011, the California federal district court declined to … Continue Reading

Actual Harm is Required even when a Privacy Law Allows for Statutory Damages

A California federal district court judge found last week that plaintiffs must establish a cognizable injury even when minimum statutory damages are available under a California state statute.  This could prove to be a significant win for the defense bar.  As I discussed here, the recent First Circuit decision in Hannaford could signal a changing … Continue Reading

White Collar Wiretaps: Will Your Own Words Come Back to Haunt You?

Jonathan B. New, a partner in Baker Hostetler’s New York office and a member of the firm’s White Collar Defense and Corporate Investigations Team, along with associate attorney Sammi Malek recently authored the article, “White Collar Wiretaps: Will Your Own Words Come Back to Haunt You?” published in the July 21, 2011 issue of the New York … Continue Reading

Loss of Personal Information in Security Breach Results in Loss of Some “Unidentified Value”

A December 2009 SQL injection attack against social network application maker RockYou.com’s database resulted in the breach of 32 million log-in credentials ( e-mail address and password).  Not only did RockYou.com store the log-in credentials of its users in plain text, it also stored those user’s log-in credentials for social networking sites like Facebook and … Continue Reading

If There is Credit Card Fraud, There Must Have Been a Breach

U.S. Bank removed a putative class action complaint filed by an online merchant named Paintball Punks to U.S. District Court in Minneapolis on December 6.  The complaint (Paintball v USBank.pdf) alleges that Paintball Punks suffered chargeback losses of $11,259.91 from nine transactions that were fraudulently billed to U.S. Bank-issued credit cards as a result of U.S. Bank’s failure to “remedy known … Continue Reading
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