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Results: 1-10 of 59

Broker and compliance officer personally fined by SEC for customer privacy violations
  • Proskauer Rose LLP
  • USA
  • May 5 2011

The Securities and Exchange Commission imposed fines of $20,000 each against the former president of a broker-dealer and a former broker for their actions in transferring customer information to a new firm as the defunct firm wound down


Forwarding of allegedly defamatory e-mail protected by Communications Decency Act section 230
  • Proskauer Rose LLP
  • USA
  • January 11 2011

An individual who forwarded an allegedly defamatory e-mail received from another party is protected from liability under Section 230 of the Communications Decency Act, which provides that a user of an interactive computer service cannot be treated as the publisher or speaker of information provided by another information content provider, a district court ruled


Bankruptcy court approves destruction of personal information gathered on gay teen site
  • Proskauer Rose LLP
  • USA
  • September 30 2010

The judge presiding over the bankruptcy proceeding of the operator of a Web site and magazine aimed at gay teens has approved a settlement allowing the destruction of personal information of users rather than a sale to creditors as part of the bankruptcy estate


Riteaid pays $1 million fine to settle FTC and HHS data disposal charges
  • Proskauer Rose LLP
  • USA
  • September 30 2010

Rite Aid has agreed to pay $1 million in fines to resolve allegations that it violated the Health Insurance Portability and Accountability Act by disposing of pharmaceutical bottles and prescription information into publicly accessible dumpsters near Rite Aid stores


Under New York law, vendor’s specific representations of software functionality support claim for fraudulent inducement
  • Proskauer Rose LLP
  • USA
  • July 29 2010

Specific representations made by a salesman concerning the functionality of a software system which the purchaser alleges was inadequate for its purposes support the purchaser's claim for fraudulent inducement, a district court ruled


Labor union e-mail campaign did not violate CFAA
  • Proskauer Rose LLP
  • USA
  • July 29 2010

A labor union that posted a pre-addressed form e-mail on its Web site, enabling union supporters to e-mail an employer with a pro-union message with "the click of a few buttons," and that allegedly encouraged supporters to inundate the employer's e-mail system with messages, did not violate the federal Computer Fraud and Abuse Act, a district court ruled


No Fourth Amendment violation in transfer of laptop seized at border for forensic examination
  • Proskauer Rose LLP
  • USA
  • 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
  • USA
  • 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
  • USA
  • 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


FTC consumer privacy settlement over Google Buzz includes EU Safe Harbor violations
  • Proskauer Rose LLP
  • European Union, USA
  • May 5 2011

The Federal Trade Commission settled deceptive practices charges against Google relating to the rollout of the Google Buzz social network in 2010, including charges that Google violated the substantive requirements of the EU-U.S. Safe Harbor agreement