Proskauer Rose LLP | USA | 30 Jun 2014
On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals…
Proskauer Rose LLP | USA | 18 Jul 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.
Proskauer Rose LLP | USA | 12 Jul 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.
Proskauer Rose LLP | USA | 29 Feb 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 5 May 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.
Proskauer Rose LLP | USA | 11 Jan 2011
A transaction involving the transfer of packaged software from a developer to a user was a license, not a sale, under the copyright first sale doctrine, the U.S. Court of Appeals for the Ninth Circuit ruled.