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Law.com

'Data Breach' Insurance Policy Does Not Extend to Biometric Information Collection, Appellate Court Holds

The majority said the allegations in the lawsuit "do not even potentially fall within the policy's coverage" and said Lloyd's policy for Tony's would only cover data breaches involving unauthorized access to Tony's biometric data.
4 minute read

New York Law Journal

Is Invasion of Privacy an Appropriate Analogue for Data Breach Cases?

The authors examine whether invasion of privacy torts—intentional torts—are actually analogous to data breaches where claims sound in negligence and the alleged harm may be a risk of future identity theft, rather than embarrassment or other dignitary harms. The diverging approaches of lower courts in addressing this question suggests a struggle with applying historical tradition to these novel data privacy claims.
8 minute read

Law.com

New York Times, Athletic Media Hit With Data Privacy Class Action for Allegedly Sharing User Data

The claim alleged that the New York Times violated the federal Video Privacy Protection Act of 1988 and the New York Video Consumer Protection Act by sharing consumers' personally identifiable information with third parties. Counsel has not yet appeared for the defendants.
4 minute read

Law.com

State Appellate Court Finds Virtual Glasses Try-On Does Not Violate Biometric Privacy Act

"In light of the broad current use of telehealth, the setting itself might be almost anywhere but the definition is limited by the requirement that the individual is awaiting or receiving medical care and the information is being collected as part of an effort to maintain or restore or promote that person's well-being," Justice Mary L. Mikva wrote.
5 minute read

Law.com

In Social Media-Related Suits, Courts Must Apply Discovery Rule on Case-by-Case Basis, Mass. Justices Say

"Given how 'vast' the social media universe is on the Internet, and how access to, and the ability to search for, social media posts may vary from platform to platform and even from post to post, that determination requires consideration of the totality of the circumstances regarding the social media posting, including the extent of its distribution, and the accessibility and searchability of the posting," Chief Justice Scott L. Kafker said.
4 minute read

Legaltech News

LOKKER Launches Consent Management Tool, Expanding Its Privacy Compliance Suite

The tool focuses on tracking the various pixels and cookies that may collect consumer data, and then works to build an infrastructure to block them, if necessary.
3 minute read

Texas Lawyer

Keeping Clients Secrets: 'Til Death Do Us Part?

"The duties of confidentiality for attorneys and psychologists are fundamental to their professional relationships," write Elisa Reiter, Daniel Pollack and Jeffrey Siegel.
7 minute read

Corporate Counsel

Recession Fears Cloud Outlook for In-House Hiring

"It is too difficult for anyone to predict the outcome for the year, but we are optimistic that there will be a place for business-minded lawyers with high emotional intelligence." said John Gilmore, co-founder of BarkerGilmore.
5 minute read

Corporate Counsel

Throng of Workers Using AI Off the Grid Unwittingly Aiding Cybercriminals

AI adoption has risen so much so quickly that the average knowledge worker puts more corporate data into AI tools on Saturday or Sunday than the middle of the workweek a year ago, a Cyberhaven study found.
4 minute read

The Recorder

Google Slapped With Digital Privacy Class Action Over Use of Customer Service AI Product

Bursor & Fisher and the Simon Law Firm filed the complaint on Thursday in the U.S. District Court for the Northern District of California. According to the claim, Google's use of the AI product, developed in 2022 to automate and fine-tune businesses' customer service interactions, violated Section 631 of the California Invasion of Privacy Act, which prohibits wiretapping. The plaintiff and class members could be awarded $5,000 per violation under CIPA.
3 minute read

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