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Door to increased liability for banks opened by U.S. Court of Appeals for the First Circuit

Proskauer Rose LLP
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USA
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July 18 2012

The United States Court of Appeals for the First Circuit has opened the door to increased liability for banks when hackers make fraudulent withdrawals

Court shines light on California data-sharing law

Proskauer Rose LLP
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USA
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July 12 2012

On July 3, 2012, Orange County Superior Court Judge Nancy Wieben Stock issued a ruling dismissing a California “Shine the Light” consumer protection law case without leave to amend, making it the first “Shine the Light” case to come to a final decision in a trial court. Judge Stock dismissed the case against XO Group Inc

Data breach case research paper sheds light

Proskauer Rose LLP
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USA
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February 29 2012

In a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits in order to deduce just what makes them tick

No implied consent under SCA to discovery of e-mails arises from e-mail account holder's fugitive status

Proskauer Rose LLP
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USA
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May 5 2011

A parent who is alleged to have unlawfully taken her children to a foreign county did not thereby consent, within the meaning of the Stored Communications Act, to the disclosure of her e-mails pursuant to a civil discovery subpoena directed to her ISP, the district court ruled

No Fourth Amendment violation in transfer of laptop seized at border for forensic examination

Proskauer Rose LLP
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USA
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May 5 2011

The transfer of a laptop seized at a border crossing to a facility 170 miles away for forensic examination was justified under the border search doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled

Cost of credit monitoring for victims of data security breach constitutes loss under CFAA

Proskauer Rose LLP
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USA
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May 5 2011

The cost of providing credit monitoring for employees whose personal information was accessed as a result of unauthorized access by an inmate to a prison computer network constitutes a "loss" under the Computer Fraud and Abuse Act, the United States Court of Appeals for the First Circuit ruled

Decreased value of consumer personal information resulting from security breach confers standing in personal injury suit

Proskauer Rose LLP
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USA
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May 5 2011

A plaintiff whose personal data was contained in a social network service online database copied by a hacker sufficiently alleged an injury-in-fact to support Article III standing, on the theory that the value of his personal information was diminished as a result of the breach, a district court ruled

Employee violation of employer computer use policy can support CFAA criminal charge

Proskauer Rose LLP
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USA
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May 5 2011

An employee's violation of an employer's computer use policy can support a criminal charge of exceeding authorized access under the Computer Fraud and Abuse Act, a district court ruled

Stored Communications Act bars civil discovery subpoena to e-mail service provider, absent consent of account holder

Proskauer Rose LLP
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USA
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January 11 2011

The federal Stored Communications Act bars the enforcement of a subpoena directed to an e-mail service provider to obtain the contents of an account-holder's e-mails, absent the consent of the account holder, a district court ruled

Access to licensed software by attorneys acting for benefit of licensee breached license agreement

Proskauer Rose LLP
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USA
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January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled

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