Topic: Dispute resolution and litigation

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Fourth Circuit Holds that CGL Policy Covers Data Breach Class Action

By Mark Faccenda (US) and Rafe A. Schaefer (US) on April 15, 2016 Posted in Data breach, Dispute resolution and litigation

Data Protection Report - Norton Rose Fulbright

On April 11, 2016, the Fourth Circuit Court of Appeals upheld a ruling by the Eastern District of Virginia that two Commercial General Liability (“CGL”) insurance policies required an insurer cover the defense of a medical records company in a class-action claim relating to alleged failure to secure patients’ medical records.[1]… Continue reading

Belgian court orders Facebook to stop tracking non-members, rejects FB’s assertion of lack of jurisdiction

By Marcus Evans (UK) and Jay Modrall (BE) on November 23, 2015 Posted in Compliance and risk management, Dispute resolution and litigation

On November 9, 2015, the President of the Brussels Court of First Instance ordered Facebook to stop tracking non-members in Belgium without their consent. The court imposed a penalty of EUR 250,000 per day for non-compliance. The proceeding is the result of a formal recommendation that the Belgian Privacy Commission (BPC) issued in May 2015 … Continue reading

Third Circuit ruling reinstates state law privacy claims related to Google’s use of cookies

By on November 23, 2015 Posted in Compliance and risk management, Dispute resolution and litigation

In re: Google Inc. Cookie Placement Consumer Privacy Litigation, involves 24 consolidated lawsuits that were initially brought against several internet advertisers alleging violations of various state and federal privacy statutes, including the Computer Fraud and Abuse Act, the Wiretap Act and the Electronic Communications Privacy Act. In October of 2013, the District of Delaware dismissed … Continue reading

The “EMV Liability Shift” Is Coming (What Merchants Need to Know)

By Susan Ross (US) on May 18, 2015 Posted in Compliance and risk management, Data breach, Dispute resolution and litigation

Currently, almost half of the world’s credit card fraud happens in the U.S where magnetic stripe technology is the standard. Outside the U.S., an estimated 40% of the world’s cards and 70% of the terminals already use the EMV technology. These countries are reporting significantly lower counterfeit fraud levels with EMV cards than with the … Continue reading

UK Court of Appeal Establishes Data Protection Rights in Privacy Case

By Jane Berry (UK), Ffion Flockhart (UK) and Marcus Evans (UK) on April 9, 2015 Posted in Dispute resolution and litigation

A recent English Court of Appeal judgment could significantly broaden the circumstances in which data protection litigation can be brought – and damages can be awarded – under English law. Background Vidal-Hall et al v Google ([2015] EWCA Civ 311) involves claims brought by three individual users against Google. The users alleged that Google collected private … Continue reading

Ontario Court of Appeal finds patients’ common law privacy rights not preempted by statute; allows class action to proceed

By on February 25, 2015 Posted in Dispute resolution and litigation, General

In a recent case involving a breach of patients’ privacy rights — Hopkins v Kay,[i] — the Ontario Court of Appeal ruled that a proposed class action could proceed based on allegations of violation of patients’ common law privacy rights, concluding that those rights were not preempted by the Personal Health Information Protection Act (PHIPA). … Continue reading