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Tag Archives: fraud

Does Clapper Silence Data Breach Litigation? A Two-Year Retrospective

Posted in Breach Notice, Breach Notification, Cybercrime, Damages, Motion to Dismiss, Pleadings, Privacy and Security Litigation

This February 26, 2015, marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA,[1] which required plaintiffs to allege that a threatened injury is “certainly impending” in order to constitute an injury-in-fact sufficient to convey Article III standing. In this time, federal district courts in at least twelve data… Continue Reading

Social Networking: Setting Boundaries in a Borderless Brave New World

Posted in Behavioral Advertising, Children's Privacy, Cybercrime, Data Privacy Law or Regulation, Identity Theft, International, NDA / Confidentiality Agreement, Privacy Law, Social Networking, Workplace Privacy

Social networking entails some risks and responsibilities. It may implicate privacy and labor law, confidentiality and nondisclosure agreements, advertising regulations, defamation, and other legal regimes, across borders in a global medium. Users, and their employers, need to be aware of these risks and responsibilities in deciding how to make best use of social media.

Massachusetts’s Highest Court Delivers BJ Wholesalers (and other Retailers) a Data Breach Liability Gift

Posted in Damages, PCI

While the proverbial jury is still out concerning retailers’ sales success this 2009 holiday season, Massachusetts’s highest court (the Supreme Judicial Court or “Supreme Court” as referenced herein) delivered retailers a significant holiday gift in the form of an opinion slamming the door on some financial institutions seeking to recover reissuance costs arising out a… Continue Reading