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Tag Archives: litigation

Posted in Consumer Privacy, Privacy & Security Litigation

Court Stops Pokémon GO Litigation

In May, a Florida state court dismissed a plaintiff’s claim that the terms of service for popular mobile game Pokémon GO violated Florida’s Deceptive and Unfair Trade Practices Act. The case illustrates how establishing injury continues to be a key hurdle for plaintiffs in litigation involving online services, and shows that a well-framed choice of law provision can help protect providers of online services.

Posted in Privacy & Security Litigation

Limiting Litigation Risks from Privacy and Data Security Missteps

In Bloomberg BNA’s Privacy and Security Law Report, Hogan Lovells attorneys Des Hogan, Michelle Kisloff, and Chris Wolf have published an article addressing the increased litigation and regulatory risks that companies must address in the evolving privacy and data security landscape. After summarizing recent developments involving class actions and regulatory activities, the article offers guidance on how companies can reduce their financial and reputational exposure.

Posted in Consumer Privacy, Privacy & Security Litigation

Federal Court Certifies Consumer Class Action Alleging comScore Violated Federal Privacy Laws by Exceeding Scope of Users’ Consent

A recent federal court opinion raises concerns that privacy cases alleging violations of a standard user license agreement may be susceptible to class certification.  Last week, the U.S. District Court for the Northern District of Illinois certified a class in a consumer privacy lawsuit against comScore, Inc.   Plaintiffs allege that comScore exceeded the scope of the […]

Posted in Consumer Privacy

Supreme Court Takes Up Driver’s Privacy Protection Act Issue

The Supreme Court has granted review in a case under the federal Driver’s Privacy Protection Act (DPPA) where plaintiffs’ lawyers used a state FOIA statute to obtain targets for solicitation to become plaintiffs in a case against car dealers for allegedly excessive fees. The case presents a conflict between the prohibition against obtaining drivers’ records for marketing and the statutory permission to use the records in connection with litigation.

Posted in Financial Privacy

Ninth Circuit Holds that Courts May Not Impose Limits on FACTA Class Certification Based on Disproportionality or the Potential for Huge Statutory Damages

The Ninth Circuit recently reversed and remanded a district court denial of class certification in a FACTA case, making it easier for class certification even where there was disproportionality between the potential liability and the actual harm suffered, where the potential damages were huge and where defendant engaged in good faith compliance.

Posted in Consumer Privacy

If the Online Notice is Too Complex, Does That Open the Door to Tort Claims?

A federal court in Hawaii is allowing a tort claim to proceed against a videogame maker for not warning a user that he could become addicted to the videogame and be a “joystick junkie”, notwithstanding the limitation of liability contained in the End User Licensing Agreement. This entry explores the implications of such a tort claim in the context of privacy notices and suggests a way to thwart such claims and at the same time better inform consumers.

Posted in Cybersecurity & Data Breaches

New Guidance on Preservation of Electronically-Stored Information from Zubalake Judge

Knowing what data a company holds is critical to privacy and data security risk management. It also is important as a matter of litigation preparedness. The judge who issued the series of seminal Zubulake opinions which essentially defined electronic document retention and discovery requirements nation-wide, calls for litigants not only to identify key data keepers but to identify key data very early in litigation. The new holdings, described in Hogan & Hartson’s Litigation Alert available in this blog entry, are likely to become as influential as the discovery-altering Zubulake decisions.

Posted in Consumer Privacy

D.C. and New York Courts Set Forth Differing Standards for Unmasking Anonymous Speakers

Within four days of each other, courts in D.C. and New York issued opinions setting forth the standard necessary to compel the discovery of the identity of anonymous speakers in cases in which the plaintiffs alleged that the anonymous speech defamed them. While they considered identical issues, the courts came to different conclusions regarding the strength […]

Posted in International/EU Privacy

French Data Protection Authority Issues Recommendations in the Context of U.S. Discovery

On August 19, 2009, the French Official Journal published the French Data Protection Authority’s (‘CNIL’) long-awaited recommendations on the transfer of personal data for U.S. discovery purposes (‘Recommendations’, currently only available in French). The Recommendations were based at least in part on suggestions from a working group composed of representatives from all stakeholders, which was set up by the CNIL in 2008. The […]