On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]
Privacy Litigation
TD Bank NA Settles Data Breach Lawsuit with Mass. AG
TD Bank North America (“TD Bank”) and the Massachusetts Attorney General announced an agreement on December 8 to end a data breach lawsuit brought against TD Bank by the Massachusetts Attorney General. The lawsuit alleged that TD Bank failed to properly protect and encrypt personal customer information contained on two server backup tapes that it […]
U.S. Court Requires Microsoft to Produce Data Stored in Ireland Pursuant to SCA Search Warrant
On April 25, a federal magistrate judge ruled that Microsoft must disclose to U.S. federal investigators the contents of a customer’s email account stored outside of the United States. Microsoft had previously complied with portions of a search warrant seeking certain other information related to the targeted email account, but the company moved to quash the […]
Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims
Any company that hosts videos on their websites and uses analytics or includes a “Like” button or other social plug-in should pay very close attention to yesterday’s decision in In re Hulu Privacy Litigation Case case. As per Alston & Bird’s previous advisory, in the Hulu case, the named plaintiffs allege that Hulu wrongfully disclosed their […]
Kim Peretti and Dominique Shelton Quoted in “Privacy Cases to Watch in 2014”
Kim Peretti and Dominique Shelton, partners in the firm’s Privacy & Data Security Group, were quoted in a Law360 article discussing the privacy cases to watch in 2014. Peretti noted that the top item on most privacy attorneys’ watch list is how judges will respond to arguments by Wyndham Worldwide Corp. and LabMD Inc., two high-profile […]