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Data Privacy › Appellate Courts

Klein Moynihan Turco LLP

Daniel’s Law – Constitutionality Challenge Update

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As our readers well know, one particular entity has sued a litany of companies for allegedly violating a New Jersey State privacy law known as Daniel’s Law. Our readers also know that many of these companies have appealed a...more

Ropes & Gray LLP

In All Seriousness: UK Court of Appeal (Re)Opens The Door For Data Breach Claims

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Although they do not focus the minds of many organisations in the same way as multi-million euro enforcement actions, the importance of low-value, non-material damages claims under the GDPR has gathered steam since the...more

Hanson Bridgett

Public Records in Confidential Files Not Protected Under § 502

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Teran v. Superior Court of Los Angeles County (2025) 112 Cal.App.5th 371 A recent California appellate court decision clarifies that publicly accessible police disciplinary records cannot be criminally prosecuted simply...more

Baker Botts L.L.P.

Second Circuit Rules on Scope of VPPA Protection

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On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more

Bennett Jones LLP

Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

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The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more

EDRM - Electronic Discovery Reference Model

En Banc Fourth Circuit Geofence Decision is Splintered

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In U.S. v. Chatrie, __ F. 4th __, 2025 WL 1242063 (4th Cir. Apr. 30, 2025)(en banc), the Court issued a per curiam affirmance of the District Court’s geofence decision. Fourteen judges joined in that decision. There were...more

Robinson+Cole Class Actions Insider

Data Breach Class Action Settlement Approval Affirmed by Ninth Circuit with Attorneys’ Fee Award Reversed and Remanded

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Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

Davies Ward Phillips & Vineberg LLP

Giving Meaning to Meaningful Consent: The Federal Court of Appeal’s Landmark Decision on Data Privacy

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In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more

Davies Ward Phillips & Vineberg LLP

The Power and Peril of IP Addresses: The Supreme Court of Canada Weighs in on the Changing Landscape of Online Privacy

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The Supreme Court of Canada recently delivered a landmark decision on the privacy rights of Internet users. In R v Bykovets, police investigating an alleged online fraud requested and obtained a suspect’s Internet Protocol...more

Husch Blackwell LLP

New CCPA Regulations Now Enforceable After Court Ruling

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Keypoint: Based on the appellate court’s ruling, the new CCPA regulations are enforceable immediately instead of on March 29, 2024. On February 9, 2024, a three-judge panel of the California Court of Appeals issued an...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Orrick, Herrington & Sutcliffe LLP

4th Circuit remands privacy suit to state court

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On February 21, the U.S. Court of Appeals for the Fourth Circuit held that a proposed class action over website login procedures belongs in state court. Plaintiff alleged that after a nonparty credit reporting agency...more

Orrick, Herrington & Sutcliffe LLP

Illinois Supreme Court says BIPA claims accrue with every transmission

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On February 17, the Illinois Supreme Court issued a split decision holding that under the state’s Biometric Information Privacy Act (BIPA), claims accrue “with every scan or transmission of biometric identifiers or biometric...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Weighs in on Biometric Data Policies

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An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written...more

Buchalter

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement

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On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such...more

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