On July 20, 2015, in Remijas v. Neiman Marcus Group, LLC, No. 14-3122 (7th Cir. 2015), the Seventh Circuit held that the United States District Court for the Northern District of Illinois wrongfully dismissed a class action suit brought against Neiman Marcus after hackers stole their customers’ data and debit card information.  The District

In response to a data breach in 2014, employees of University of Pittsburgh Medical Center filed a two-count class action complaint against UPMC for (1) negligence and (2) breach of an implied contract for failing to protect their personal data. The employee plaintiffs alleged that their Social Security numbers, names, addresses, birthdates, W2 information and

Officials from both the Federal Trade Commission (FTC) and European Union (EU) recently called for enhancements to the Obama administration’s proposed Consumer Privacy Bill of Rights.

The White House’s proposed Consumer Privacy Bill of Rights seeks to provide “a baseline of clear protections for consumers and greater certainty for companies.”  The guiding principles of

 With the ever-growing popularity of social networking sites, and with so many employees exercising poor judgment online, it’s easy to understand why employers are concerned about the messages and images that that their employees are disseminating on these websites.

For employers, the costs are real: Poor choices by their employees can bring with it

Ars Technica reported yesterday about a graduate student at Indiana University’s School of Informatics and Computing that has compiled documents and recordings obtained through Freedom of Information Act requests that support that Sprint/Nextel has provided GPS location data about Sprint’s wireless customers to law enforcement over eight (8) million times in just over one year.
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A young woman in Coalinga, California, following a visit home from college, penned to her MySpace page “An ode to Coalinga” (the “Ode”).  The Ode opens with “the older I get, the more I realize how much I despise Coalinga” and then proceeds to make a number of extremely negative comments about Coalinga and its residents.  She removed the Ode from her MySpace page within six days of posting it.

However, during the six days that the Ode was posted on MySpace, the principal of Coalinga high school discovered the Ode and sent it to his friend, the editor of the local paper, the Coalinga Record.

The editor of the Coalinga Record republished the Ode as a “Letter to the Editor,” adding the author’s last name (which was not present on the MySpace page).  The author and her family received death threats, and a shot was fired at the family home, forcing the family to move out of Coalinga.  Due to severe losses, her father closed the 20-year-old family business.

The California Court of Appeal, in Moreno et al. v. Hanford Sentinel, Inc., et al., F054138, slip op. (Cal. Ct. App. April 2, 2009) (PDF link) ruled that the principal did not invade the author’s privacy when he handed it over to the Coalinga Record.  The court further held that the editor of the Coalinga Record did not violate the author’s rights when it published her full name.


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