“AvMed” “Data Breach” “Encryption”
Continue Reading Data Breach Class Action Settlement Gets Final Approval – Payment to Be Made to Class Members Who Did Not Experience ID Theft
Mark S. Melodia
Canada Supreme Court Declares Alberta Privacy Law Unconstitutional
On November 15, 2013, the Supreme Court held Alberta’s Personal Information Protection Act (“PIPA”) to be unconstitutional, holding that an individual’s right to freedom of expression in the labor strike context outweighs the individual’s right to control his or her information in public. The ruling is suspended for 12 months to give Alberta’s legislature time…
State Attorneys General Maintain Sharp Focus on Privacy
Though the National Association of Attorneys General (NAAG) Presidential Initiative “Privacy in a Digital Age” expired in June 2013 when a new NAAG president took over, the state attorneys general have maintained their sharp focus on all things privacy, with no signs that that focus will shift anytime soon. Most recent case in…
Third Circuit Says Warrants Required for GPS Tracking
This post was also written by Frederick Lah.
Earlier this month, the Third Circuit held in U.S. v. Katzin that a search warrant is required before the government may use a GPS tracking device. Katzin marks the first time a federal appellate court has ruled on the need for a warrant with respect to GPS…
AvMed Agrees to Pay $3 Million to Data Security Breach Class Members; Size of Payments Linked to Years as Customer
This post was also written by Frederick Lah.
Earlier this week, a data breach class action brought against health insurance provider AvMed, Inc. came one step closer to resolution when plaintiffs filed their unopposed motion for preliminary approval of the class action settlement. The parties filed a joint notice of settlement back in September,…
Canada’s Supreme Court Holds Stricter Standards Apply to Search of Texts
This post was also written by Frederick Lah.
On March 27, the Supreme Court of Canada held that the police must obtain a judicial wiretap order to get text message records from service providers, as opposed to a general warrant, which is easier to obtain.
In this case, the police obtained a general warrant requiring…
Supreme Court Ruling in Clapper v. Amnesty International Leaving Data Breach Class Actions in Danger?
In Clapper vs. Amnesty International, a group including journalists, human right activists, and labor leaders challenged the 2008 amendments made to the Foreign Intelligence Surveillance Act. The amendments included broadening the surveillance powers of the federal government with respect to communications outside the U.S.
Plaintiffs claimed that their work required open communication with persons…
Cybersecurity Executive Order and CISPA to Solve Cyber Threat?
On February 12, the executive order “Improving Critical Infrastructure Cybersecurity” was issued, accompanied by a Presidential Policy Directive as well as a mention from President Obama in the State of the Union address. Similar to the previously discussed November 2012 draft, the executive order addresses: improvements in information sharing between the public and private…
Reed Smith Addressing Big Data Risks in E-Discovery and ESI
On Thursday, February 7, 2013 (1 p.m. EST), Reed Smith attorney Mark Melodia will serve as a guest speaker for a webcast on “Big Data Converging with Legal, Information Governance and Regulatory Requirements.” The webcast will be hosted by Exterro, Inc., an e-discovery software solutions provider.
Leading companies in nearly all industries are gathering unprecedented…
Big Data Goes to Princeton for Inaugural Meeting of IAPP’s New Jersey KnowledgeNet
The International Association of Privacy Professionals hosted its first KnowledgeNet in New Jersey December 6, 2012, at the Princeton offices of Reed Smith. Reed Smith attorneys Mark Melodia and Paul Bond presented a seminar on “Understanding and Defending Big Data” to the gathering of dozens of privacy attorneys and privacy compliance professionals from…