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California Supreme Court holds that online retailers may collect personal information

Wiley Rein LLP
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USA
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March 19 2013

In early February, the California Supreme Court ruled, by a very narrow majority (4-3), that online retailers may continue to collect addresses and

Apple defends lawfulness of collecting personal information from online purchasers

Wiley Rein LLP
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USA
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December 6 2012

Apple, Inc., and other e-commerce companies have asked the California Supreme Court to protect the future of online purchasing by clarifying that the Song-Beverly Credit Card Act of 1971 (Cal. Civ. Code 1747, et. seq.) does not prevent online retailers from collecting personal information to verify credit card information

ECPA updates on the table: a harbinger of litigation and legislation

Wiley Rein LLP
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USA
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December 3 2012

The law enforcement and civil liberties communities geared up for a markup on Thursday, November 29, 2012 of Sen. Patrick Leahy's proposals to update the Electronic Communications Privacy Act

Computer software exclusion barred coverage for wrongful death claim arising out of failure to update GPS software

Wiley Rein LLP
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USA
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October 9 2012

Applying Florida law, a federal district court has held that a policy’s “computer software exclusion” applied to bar coverage for a lawsuit alleging bodily injury as a result of the insured’s purported failure to update its global positioning systems (“GPS”

Insurer has duty to defend where accountants allegedly used professional services to recklessly provide false information to authorities

Wiley Rein LLP
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USA
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September 17 2012

Applying Florida law, the United States District Court for the Middle District of Florida has held that a professional liability insurer has a duty to defend insured accountants against claims alleging malicious prosecution and civil conspiracy where the underlying complaint alleged, inter alia, that the accountants used their professional services recklessly to provide false information about their clients to authorities

Divided Sixth Circuit okays cell phone GPS search

Wiley Rein LLP
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USA
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September 13 2012

Whether the government may freely track individuals using GPS devices, unconstrained by Fourth Amendment search rules, is among the current privacy issues where there seems to be a lack of consensus among federal judges

Do lawyers have standing to challenge surveillance of client calls?

Wiley Rein LLP
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USA
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June 7 2012

On May 21, the U.S. Supreme Court announced that it will review this fall a Second Circuit decision holding that lawyers do have standing to challenge a statute authorizing broad surveillance of their foreign clients

This year's election could alter the Supreme Court's privacy balance

Wiley Rein LLP
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USA
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May 14 2012

Several recent privacy decisions indicate that there now is a rough 5-4 division among the Supreme Court Justices, where the slim majority favors narrowly construing both constitutional and statutory provisions in the face of citizen privacy claims

Third Circuit rules that FACTA violation is not willful, withholds statutory damages

Wiley Rein LLP
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USA
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March 7 2012

In a decision further limiting the ability of plaintiffs to collect statutory damages under the Fair and Accurate Credit Transactions Act (FACTA), the U.S. Court of Appeals for the Third Circuit refused to impose statutory damages on retailer Tommy Hilfiger U.S.A., Inc. (Hilfiger), despite finding that the retailer had committed a per se violation of the statute

Massachusetts retailers beware: district court warns retailers collecting ZIP codes

Wiley Rein LLP
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USA
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February 10 2012

The United States District Court for the District of Massachusetts recently dismissed a class action complaint filed against Michaels Stores, Inc. (Michaels) based on its collection of customers’ ZIP codes at the register

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