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Results: 11-20 of 189

Even extortion of breached company doesn't help plaintiff show concrete injury, court finds

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • December 26 2009

A federal court in Missouri has ruled in Amburgy v. Express Scripts, Inc., that a mere fear of identity theft following a data breach, even after the breached company received an extortion letter threatening public release of the confidential information, is insufficient to establish Article III standing and to state a negligence claim

Court rejects CFAA claim based on deleted files

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • February 13 2010

The Computer Fraud and Abuse Act (CFAA) is notoriously vague or confusing on some issues, leading to conflicting decisions over when access to a computer is "without authorization" and what constitutes compensable "damage" or "loss."

Court's ruling gives shot in the arm to companies with network breaches

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • June 26 2010

A recent decision by a federal court in Illinois in Devine v. Kapasi provides more ammunition for companies seeking a viable cause of action against those who obtain unauthorized access to their networks

Court upholds behavioral advertising program based on subscriber consent

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • June 23 2011

The U.S. District Court for Montana has dismissed a claim brought under the Electronic Communications Privacy Act against an Internet Service Provider based on the ISP’s collection and disclosure of subscribers’ personal information for behavioral advertising purposes

Data breach mitigation costs can constitute cognizable damages

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • November 12 2011

The First Circuit has held in John Anderson, et al., v. Hannaford Brothers Co., that the reasonably foreseeable costs of mitigating potential losses from a data breach constitute cognizable harm under Maine law, and therefore can support a negligence or breach-of-implied-contract action against a company that suffered the breach

Court finds that HIPAA does not always preempt state-law claims

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • November 24 2012

The West Virginia Supreme Court of Appeals has ruled, in R.K. v. St. Mary’s Medical Center, Inc., that the federal Health Insurance Portability and Accountability Act does not preempt state-law claims based on the wrongful disclosure of medical or personal health information

Court issues split decision in behavioral advertising case

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • January 8 2011

A federal district court in Montana in Mortensen, et al., v. Bresnan Communications, Inc., has dismissed an Electronic Communications Privacy Act (ECPA) claim against an Internet service provider that funneled its customers’ Internet traffic to a third party, which then used the information for behavioral advertising purposes

Sixth Circuit okays warrantless tracking of cell phones

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • September 8 2012

Police do not need a warrant to obtain GPS, cell-site, or “ping” location data for mobile phones, according to a recent decision by the Sixth Circuit

Court rules that ECPA does not preempt state law

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • May 21 2011

The U.S. District Court for the Northern District of California has held in Valentine v. NebuAd that the California Invasion of Privacy Act and California Computer Crime Law are not preempted by the federal Electronic Communications Privacy Act (ECPA

Ninth Circuit ditches its rules on computer searches and seizures

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • September 25 2010

Doping by athletes continues to cause major turmoil in the sports of cycling, baseball, and track and field