Court Dismisses Data Breach Claims Against Countrywide – Holmes v. Countrywide
…breach of the duty of good faith (no injury); (4) data breach notification statutes (no private cause of action); (5) consumer fraud laws (no loss other than attorneys’ fees); and…
H1 2012 Quick Links, Part 3 (Advertising & Privacy)
…the potentially catastrophic effect of data breaches, and Chinese hacking methods. While Stump raises reasons for concern, his report never states Aon’s breach caused Plaintiffs’ actual harm, nor does it…
Judge Koh Whittles Down iPhone App Privacy Lawsuit – In re iPhone Application Litig.
…against privacy intrusions by both public and private actors. In order to be actionable, the defendant’s intrusion must be sufficiently serious in nature to constitute “an egregious breach of the…
Photographer’s Suit Against Client for Republishing Photos on Facebook Proceeds – Davis v. Tampa Bay Arena
…asked the arena to remove the photographs from its Facebook page. The arena demurred, and Davis sued, asserting claims for infringement, conversion, and breach of contract. Breach of contract: The…
Court Refuses to Dismiss Claims Against Alleged Twitter-Bot Spammer–Twitter v. Skootle
[Post by Venkat Balasubramani] Twitter, Inc. v. Skootle Corp., et al., 2012 WL 2375486 (N.D. Cal.; June 22, 2012) Twitter sued several alleged spammers, including (1) those who provided software…
University of Alabama Can’t Stop Paintings of Famous Crimson Tide Football Moments–University of Alabama v. New Life Art
…the rank of art law hero. In 2005, the University of Alabama sued him for breach of contract and trademark infringement. His offense? Daniel Moore had the audacity to include…
Plaintiffs Squeak Past Motion to Dismiss in Amazon P3P Case – Del Vecchio v. Amazon
…PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou * Another Lawsuit over Flash Cookies Fails — Bose v. Interclick * LinkedIn Beats Referrer URL Privacy…
First Circuit Rejects Data Insecurity Claims on the Basis of Article III Standing–Katz v Pershing
…on Article III Grounds–Whitaker v. Health Net Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks 9th Circuit Affirms Rejection of Data Breach Claims Against Gap —…
LLC Members in Online Store Venture Bound by Partnership Fiduciary Duties — Health and Body Store v. Justbrand Limited
…remedy at all should be given, even if there has been a breach, since the balance of equities may make a preliminary injunction inadvisable. __ Eric has posted on a…
Franchisor Really, Really Unhappy With Franchisee’s Co-Promotion With a Topless Bar–Capriotti’s v Taylor
…7 p.m. daily….” Capriotti’s learned that Taylor had allegedly cooperated with the topless bar on the promotion and sent a breach notice with a 5 day cure period. Feeling that…