Author Archives: Mike Barry

Mike Barry
Mike Barry is an associate in the firm’s Litigation & Trial Practice Group. Mike’s practice is focused on general commercial litigation, with an emphasis on class action and privacy litigation.  Read More

Court Holds Forensic Investigator’s Report is Protected from Disclosure

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Third-party forensic investigations performed at the direction of counsel are part-and-parcel of virtually every data breach.  There has been little case law, however, directly addressing the extent to which the attorney-client privilege and/or work product doctrine protects those forensic investigations from disclosure.  Last week, the Central District of California held that, under the specific facts at issue, that information is indeed protected by at least the attorney work product doctrine. In In re Experian Data Breach Litigation, 15-1592 (C.D. Cal. May 18, 2017), the Court considered [...] Read more

Court Finds Hulu Did Not “Knowingly” Disclose PII in Violation of VPPA, Grants Summary Judgment

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Ending a four-year battle that has helped define the parameters of the Video Privacy Protection Act’s (VPPA) application to new technologies, on March 31, 2015, Northern District of California Magistrate Judge Laurel Beeler dismissed with prejudice the In re: Hulu Privacy Litigation. In doing so, Judge Beeler found that there was simply no evidence that Hulu knowingly disclosed plaintiffs’ video viewing selections and personal identification information (PII) to a third party. Many companies and privacy professionals were following this case closely because of the significant potential exposure [...] Read more