Archives: Privacy Litigation

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California’s Privacy Class Action Litigation Du Jour: “Shine the Light” Law

Privacy class action litigation is hot in California and a new wave of lawsuits are being filed under California’s 2003 “Shine the Light” law, codified in Cal. Civ. Code Section 1798.83. This privacy law affects most businesses with as few as 20 employees and allows individuals to learn about how a business sells and shares … Continue Reading

Will the Driver’s Privacy Protection Act Fuel the Next Wave of Class Actions Against Retailers?

Within a month of a California Supreme Court decision in Pineda v. Williams-Sonoma Stores, Inc. (finding ZIP codes constitute personal identification information under California’s Song-Beverly Act), over 100 putative class action law suits were filed against retailers operating in California. A November 22 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) … Continue Reading

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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