Court Dismisses Data Breach Lawsuit Against LinkedIn Based on Compromised Passwords – In re LinkedIn User Privacy Litigation
[Post by Venkat Balasubramani] In re LinkedIn User Privacy Litigation, 2013 WL 844291 (N.D. Cal. Mar. 5, 2013) [pdf] LinkedIn suffered a data breach in 2012. Someone allegedly posted 6.5 million passwords and email addresses from LinkedIn users on the…
Employer Fails to State Stored Communications Act Claims Absent Allegations That Employees Interfered With Company Accounts – Castle Megastore v. Wilson
[Post by Venkat Balasubramani] Castle Megastore Group, Inc. v. Wilson, et al., 2013 WL 672895 (D. Ariz. Feb. 25, 2013) Castle Megastore is going after three of its former employees for their alleged breaches of contract, misappropriation of trade secrets,…
Telephone Consumer Protection Act Case Update – February 2013 Edition
[Post by Venkat Balasubramani] Birchmeier v. Econ. Strategy Group, 12 C 4069 (N.D. Ill. Dec. 28, 2012): This was a putative class action filed against Economic Strategy Group and Caribbean Cruise Line. Plaintiff alleges that defendants made calls to their…
Facebook Posts and Twitter Invites Don’t Violate Non-Solicitation Clause — Pre-Paid Legal v. Cahill
[Post by Venkat Balasubramani with a comment from Eric] Pre-Paid Legal Services v. Cahill, Civ-12-346-JHP (E.D. Ok. Jan. 22, 2013) Cahill was an associate of Pre-Paid Legal Services, described by the court as a multi-level marketing company. Cahill joined and…
Facebook Entry and Blog Post May Support Retaliation Claim – Stewart v. CUS Nashville
[Post by Venkat Balasubramani] Stewart v. CUS Nashville (Coyote Ugly), 3:11-cv-0342 (M.D. Tenn. Feb. 6, 2013) This is a Fair Labor Standards Act lawsuit brought against Coyote Ugly. Among other things, plaintiffs argued that defendants engaged in an illegal tip-pooling…
Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211
[Post by Venkat Balasubramani] [Washington State’s Proposed Employer Social Media Password Legislation – SB 5211] Eric previously posted on his concerns about California’s law restricting employer access to social media accounts. The Washington State Senate recently proposed a law (SB…
Employee’s Facebook Vacation Photos Supported Termination for FMLA Abuse — Lineberry v. Detroit Med. Ctr.
[Post By Venkat Balasubramani] Lineberry v. Detroit Med. Center, 11-13752 (E.D. Mich. Feb. 5, 2013) [pdf] Plaintiff worked for Detroit Med Center as a Registered Nurse. One day she woke up with excruciating pain in her back, and her physician…
California Supreme Court: Retail Privacy Statute Doesn’t Apply to Download Transactions – Apple v Superior Court (Krescent)
[Post by Venkat Balasubramani with comments from Eric] Apple v. Superior Court ex rel Krescent, S199384 (Cal. Sup. Ct. Feb. 4, 2013) In a divided ruling, the California Supreme Court held that California’s privacy statute restricting retailers from collecting personal…
Another Employee Behaves Badly on Social Media. Really, You “Can’t Make This Up.” — In re Palleschi
[Post by Venkat Balasubramani with a comment from Eric] Palleschi v. Cassano, 2013 WL 322573 (N.Y. App. Div. Jan. 29, 2013). The trial court decision. Someone calls 911 complaining of a “gynecological emergency.” A fire dept. employee, an emergency medical…
Conviction Upheld for Impersonating Dead Sea Scrolls Scholars by Sending Out Emails Signed by Others – People v. Glob
[Post by Venkat Balasubramani] People v. Golb, 2013 NY Slip Op 00436 (N.Y. App. Div. Jan. 29, 2013) The defendant was charged with impersonation and identity theft, among other things, for using emails to impersonate others: Defendant is the son…