ComScore, Inc. v. Jeff Dunstan et al., No. 13-8007 (7th Cir., June 11, 2013) U.S. Circuit Judges Richard A. Posner, Joel M. Flaum, and Ilana Diamond Rovner. Denying petition for leave to appeal class certification. Last week the Seventh Circuit denied comScore Inc.’s petition for leave to appeal the certification of a 10 million member […]
Cyber Alert: Cyber Attacks on Human Health? FDA Urges Manufacturers to Tighten Cybersecurity on Medical Devices
The U.S. Food and Drug Administration (FDA) is the latest government agency to respond to the growing concern over increasing cybersecurity threats. After security analysts alerted FDA that medical devices used in the clinical setting were vulnerable to function manipulation and/or failure due to malware and other types of cyber threats, on June 13, 2013, […]
Texas Data Breach Law Revision Backs Off Requirement to Comply With Other States’ Laws
June 14, 2013 – Texas Governor Rick Perry today signed into law a revision to the state’s data breach notification law that effectively deletes the requirement for entities that experience a data breach affecting residents of Texas to notify residents of other states in accordance with those other states’ laws or, for residents of states that […]
8-6-7-5-3-0-Class Action: Florida Court Certifies TCPA Class
Manno v. Healthcare Revenue Recovery Group, No. 11-61357 (S.D. Fla.) (Mar. 26, 2013) Judge Scola. Granting class certification. Individual consent issues often derail putative TCPA classes. Not this one (at least not yet). The plaintiff gave his cellphone number to a hospital as part of his admission to the emergency room. Later, when the plaintiff […]
Consent Issues Swamp California Privacy Class
Quesada v. Banc of America Investment Services, No. 11-cv-01703 (N.D. Cal.) (Feb. 19, 2013) Judge Rogers. Denying class certification. A California client of Merrill Lynch (successor-in-interest to Banc of America Investment Services) sued the investment firm alleging that it violated California’s Invasion of Privacy Act by surreptitiously recording her conversations with Merrill employees. She sought […]