Case Law & Court Rules

    On January 25, 2019, the Illinois Supreme Court found that data subjects do not need to allege a concrete injury in order to sue under the Biometric Information Privacy Act (Act) (740 ILCS 14/1 et seq., BIPA). Contrary to the appellate court’s view, the Illinois Supreme Court found that “actual injury or adverse […]

Name, hometown and school on post is not enough to prove author’s identity On March 15, 2018, the Superior Court of Pennsylvania, provided an important reminder on the degree of direct or circumstantial evidence necessary to determine the paternity of a Facebook post to be admitted at trial. In this case, the Superior Court agreed […]

Waymo LLC v. Uber Technologies, Inc. (3:17-cv-00939) District Court, N.D. California is available at https://www.courtlistener.com/docket/4609586/waymo-llc-v-uber-technologies-inc/

  On March 24, 2017, the Ninth Circuit Court of Appeals affirmed the District Court’s dismissal for lack of personal of plaintiffs-appellants’ claims against Yamaha Motor Corporation, U.S.A. (YMUS), in an action alleging violations of federal and state warranty law and other claims, brought by appellants who purchased allegedly defective outboard motors that Yamaha Motor […]

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]

On April 4, 2017, New York Court of Appeals ruled that it does not have authority to hear Facebook’s appeals against motions to quash search warrants issued under the Stored Communications Act (SCA). By way of background. Facebook appealed a September 17, 2013 New York County trial court’s sealed order containing bulk SCA search warrants directing […]

Amazon agreed to release information after prosecutors subpoenaed the information collected through digital assistant Amazon Echo, which answers to the name Alexa. More information is available at http://www.abajournal.com…     Follow us on& Like us on      

On February 24, 2017, the US District Court for the Northern District of California imposed sanction on a party failing to preserve electronically stored information (ESI) transferred in the sale of business. In this action for breach of duties under ERISA, the Court granted Plaintiffs’ motion for sanctions for spoliation of evidence. An insurance company […]

  On March 20, 2017, the Third Circuit affirmed a ruling of contempt over an Appellant’s claimed inability to remember his drive-decryption passwords. The issue in appeal was whether the Government has the right to compel owners to cooperate in the decryption of digital devices after the Government seizes those devices pursuant to a valid […]

On February 9, 2017, a Virginia District Court deemed that the posting of privileged information on the web without protection results in a waiver. In this case, Harleysville Insurance Company, (“Harleysville”) sued the defendants, Holding Funeral Home, Inc. seeking a declaratory judgment that it did not owe them fire loss claim. (Incidentally, the District Court […]