2011 Fulbright Litigation Trends Survey: A Little Less Litigation; More Regulation

Businesses in the United States and United Kingdom initiated and faced slightly less litigation in 2011 than in 2010. But regulatory actions and internal investigations are climbing, according to the 2011 Fulbright Litigation Trends Survey . More than one-third of corporate counsel report there...

Google Disclaims Any Relation with Carrier IQ

Although Google's Android smartphone operating system has been associated with Carrier IQ, Eric Schmidt ( Google's Executive Chairman) told an Internet freedom conference in the Dutch city of The Hague about Carrier IQ that "It's a key-logger, and it actually does keep your keystrokes...

Fulbright Briefing: Supreme Court Finds Federal Question Jurisdiction Over TCPA Claims

The Supreme Court recently confirmed that private rights of action for violations of the Telephone Consumer Protection Act ("TCPA") may be brought in either federal or state courts. On January 18, 2012, a unanimous Court decided Mims v. Arrow Financial Services, LLC , reversing the decision...

Facebook Users File Amended Consolidated Digital Privacy Class Action - Free Complaint Download

SAN JOSE, Calif. - Facebook users on May 23 filed an amended consolidated class action complaint in federal court here in the case In re: Facebook Internet Tracking Litigation (No. 5:12-md-02314-EJD, N.D. Calif. [San Jose]). The class action asserts federal statutory and California State causes...

Standing To Challenge FISA's Constitutionality Debated Before High Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 29 heard arguments on the ability of a group of respondents to challenge the constitutionality of a law that its opponents characterize as "dragnet surveillance" related to the power that it gives the executive branch of the government...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

Split U.S. Supreme Court Rules Attorneys May Not Use DMV Info To Solicit Clients

WASHINGTON, D.C. - (Mealey's) Soliciting clients for a class action lawsuit is not a permissible attorney action covered by the Driver's Privacy Protection Act's litigation exception, a split U.S. Supreme Court ruled June 17 ( Edward F. Maracich, et al. v. Michael Eugene Spears, et al. ,...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we...

AbbeySpanier LLP: Email Privacy Rights Upheld Against Google

A district court in California joined a growing number of other courts in finding that Google may not hide behind the “ordinary course of business” exception found in the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. §§ 2510, et seq. , to scan its users’...

Ballard Spahr LLP: Federal Court Ruling In Pa. Narrows Computer Fraud And Abuse Act

By Robert R. Baron, Jr., David S. Fryman, Corinne Militello, and Philip N. Yannella A Pennsylvania federal magistrate judge has tossed an employer’s claims under the Computer Fraud and Abuse Act (CFAA), holding that the CFAA does not extend to punish employees for the misuse of information that...

Norton Rose Fulbright Releases 10th Annual Litigation Trends Survey

U.S. companies increasingly concerned about regulatory investigations The number of US companies facing regulatory proceedings increased for the third consecutive year, according to Norton Rose Fulbright's 10th Annual Litigation Trends Survey . The upward trend is the result of a stricter...

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...