The Eleventh Circuit on Friday refused to breathe new life into Privacy Act allegations from a Georgia attorney who in 2007 touched off a worldwide health scare when traveling around Europe while infected with tuberculosis, saying there’s no proof federal employees leaked his identity.
A California appeals court on Thursday upheld defamation, invasion of privacy, unfair business practices and breach of contract claims that a former Sequenom Inc. executive brought against the life sciences company, finding that he demonstrated a probability of prevailing on those claims.
A U.S. district court judge on Friday dismissed Payless ShoeSource Inc.'s claims against St. Paul Fire & Marine Insurance Co. in a $9 million coverage suit over a pair of previously settled Telephone Consumer Protection Act class actions, following a settlement between the companies.
State regulators docked Consolidated Edison Co. of New York Inc. $5 million Thursday in the form of a rebate that must come from shareholder capital, after finding the utility failed to fully meet its standards for quickly restoring electricity to customers with above-ground power lines.
Tobacco giant Philip Morris International Inc. was handed a defeat Friday in Oslo District Court in its challenge to Norway’s ban on displays of tobacco products in retail stores.
Capital One Bank USA NA on Thursday agreed to pay $10 million to a proposed class of credit card holders to resolve claims that it promoted its credit card services as offering low fixed annual percentage rates and then later abruptly increased them.
Bank of America NA agreed Thursday to pay $125,000 to four disabled mortgage applicants and to make payments to others it allegedly discriminated against by imposing burdensome requirements to document their disability income.
In a split ruling, the Sixth Circuit said Thursday that Innovation Ventures LLC, the maker of 5-Hour Energy products, did not violate antitrust laws but may have committed false advertising by issuing a potentially misleading recall notice about competing energy drinks.
The Pennsylvania Department of Environmental Protection was ordered to turn over the names of solar energy tax rebate recipients Wednesday after an appeals court ruled that removing recipients' personal information from databases did not constitute creating a new record under the state’s Right to Know Law.
A Connecticut federal judge on Tuesday granted class certification to consumers alleging AAA South New England shortchanged benefits by backdating membership renewals in violation of consumer protection laws, saying the class proved the motor club had a uniform blanket policy to establish commonality.
California bank Luther Burbank Savings on Wednesday settled federal allegations of discriminatory lending practices, agreeing to invest $2 million to help borrowers in lower-income communities.
An Illinois state judge on Tuesday threw out a putative class action against DePaul University College of Law accusing the school of using misleading graduate employment data to fraudulently lure prospective students.
A New York federal judge on Wednesday ordered a pair of plaintiffs who had brought a putative class action over Citigroup Inc.'s allegedly inadequate data security measures to arbitrate their claims individually, finding the parties' arbitration agreement trumped the plaintiffs' state law allegations.
Graphic Arts Mutual Insurance Co. and Utica Mutual Insurance Co. are not obligated to cover a South Carolina auto dealership embroiled in a consumer fraud suit, a federal judge held Monday, backing the New York-based insurers in their battle with Caldwell Chevrolet Inc.
A Maryland federal judge ruled last week that a suspected controlled substance dealer did not have a reasonable expectation of privacy in medical records stored with her doctor, in rejecting her bid to suppress evidence seized by law enforcement without a warrant.
A New York state judge on Tuesday reportedly gave Twitter Inc. until Friday to hand over messages posted on the social media site by an Occupy Wall Street protester, threatening the company with contempt of court charges and a sizable fine if it fails to comply.
A New Jersey federal judge dismissed a putative class action Tuesday alleging General Mills Inc. duped Cheerios buyers by overstating the cereal's ability to lower cholesterol, saying the consumers failed to show that they wouldn't have bought the product if not for the cholesterol claims.
A California federal judge on Monday threw out a proposed class action targeting eBay Inc. over alleged delays in its online auction listing process, saying the plaintiffs had failed to prove actual harm.
The Seventh Circuit on Monday preserved Illinois laws requiring disclosures about political campaign donations even for groups whose major aims may not be the election of candidates, with a nod to the High Court’s 2010 ruling in Citizens United, which also required such disclosures.
A California federal judge Monday threw out a putative class action accusing the Pittsburgh Penguins of breaching contracts and violating the Telephone Consumer Protection Act by pummeling hockey fans with too many text messages.
Last week, during Advertising Week in New York City, I hosted an event featuring Commissioner Julie Brill of the Federal Trade Commission. Commissioner Brill answered my questions about the biggest privacy issues facing the advertising industry, the current challenges for marketers and the FTC in terms of global versus domestic privacy, and what lessons the FTC's recent actions are trying to teach the industry, says Ronald Urbach of Davis & Gilbert LLP.
The U.S. Department of Health and Human Services recently announced a settlement regarding violations of the Health Insurance Portability and Accountability Act security rule between Massachusetts Eye and Ear Infirmary and Massachusetts Eye and Ear Associates Inc. The settlement highlights the ongoing risks of processing health information and the consequences of failed or inadequate security measures, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
There have been only two judicial decisions discussing the use of predictive coding: Da Silva Moore and Global Aerospace. I argued in opposition to the predictive coding motion in Global Aerospace. That motion will hardly be the last discovery dispute involving this new technology, and the case can provide lessons on negotiating with opposing counsel and seeking advance judicial approval of predictive coding, says Jonathan Berman of Jones Day.
Lawrence v. Philip Morris USA, a recent New Hampshire case, provides yet another example of the difficulty of establishing predominance for class certification purposes in advertising/consumer deception cases. Given this trend, successful advertising class actions are likely to be few and far between, says Ronald Wick of Cozen O’Connor.
We will never defend our way out of the current cybersecurity crisis. The alternative is to identify the attackers and punish them. In the real world, if someone stops making payments on a car loan but keeps the car, the lender doesn’t call the police — he hires a repo man. We need a corps of digital repo men and investigators that the private sector can deploy in a battle that the U.S. government alone is losing, says Stewart Baker of Steptoe & Johnson LLP.
In June, a suit was filed in the U.S. District Court for the District of Columbia challenging numerous provisions of the Dodd-Frank Act on various constitutional grounds, and last month, three states joined the suit. While it is possible that the amended complaint filed by the state attorneys general will reach the U.S. Supreme Court, it is far from clear that that will be the outcome, or that its path will follow the path of the Affordable Care Act, says Tamar Dolcourt of Foley & Lardner LLP.
The administrative law judge's opinion in the Pom Wonderful LLC case concludes that the Federal Trade Commission cannot require approval from the U.S. Food and Drug Administration to substantiate disease claims made by dietary supplement and conventional food companies. Advertisers for such companies should attempt to avoid the implication that a product could be an alternative to medical treatment, say attorneys with Latham & Watkins LLP.
On Oct. 1, The Federal Trade Commission issued final revisions to its Guides for the Use of Environmental Marketing Claims, which provide insight on the FTC's current thinking as to compliance with the FTC Act. In view of the increasing use of such claims and the interest in them by consumers, familiarity with the guides is important to all consumer-product marketers, say attorneys with Morgan Lewis & Bockius LLP.
Employee use of cloud services via mobile devices has spawned a new generation of privacy and security issues. Best practices for identifying and managing these risks are evolving and becoming increasingly prevalent as compliance meets a workforce addicted to mobile devices, says Margaret Keane of Littler Mendelson PC.
The Consumer Financial Protection Bureau has boldly begun to fulfill the responsibilities mandated by the Dodd-Frank Act. For financial institutions wondering how vigorous this new agency will be in policing its turf, a look at the CFPB's investigation and enforcement activity thus far should provide the answer, say attorneys with Morgan Lewis & Bockius LLP.