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HTMLA Higher Price Tag on Privacy? An Ontario Court Certifies a Class Action for Breach of Privacy
Christopher McClelland; Blaney McMurtry LLP;
Legal Alert/Article
July 23, 2014, previously published on July 17, 2014
Organizations that collect or handle personal information are generally aware that they have an obligation to protect that information from loss or misuse. However, recent developments in the area of privacy law have highlighted the significant financial liabilities such organizations may face if...


HTMLDuran v. U.S. Bank: When Class Certification Goes Wrong
Shaun J. Voigt; Fisher & Phillips LLP;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
The California Supreme Court recently handed down a landmark decision on class actions. The trial judge lost control of the certification and evidentiary presentation of the case resulting in a $15 million verdict against U.S. Bank National Association (USB). In this long-awaited decision, the...


HTMLNinth Circuit Rules That Redbox's Collection of Customer Zip Codes Falls under "Deposit" Exception to California's Song-Beverly Act
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
Legal Alert/Article
July 14, 2014, previously published on July 2014
In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's Song-Beverly Credit Card Act, which prohibits retailers from collecting personal...


HTMLCanadian Court Certifies Visa/Mastercard Class Action
Emrys Davis, Michael A. Eizenga, Robert W. Staley; Bennett Jones LLP;
Legal Alert/Article
April 7, 2014, previously published on March 28, 2014
In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first contested certification decision in a price-fixing case since a series of...


HTMLPotentially Ground-Breaking Class Settlement - Data Breach Relief
Drinker Biddle Reath LLP;
Legal Alert/Article
March 19, 2014, previously published on March 14, 2014
On February 21, a federal judge in the Southern District of Florida approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs. This case arose from a December 2009 theft of two unencrypted laptops storing the personal information of persons receiving...


HTMLSecurities Secondary Market Liability in Quebec To Be Discussed by the Supreme Court of Canada
Marc-André Russell; McCarthy Tétrault LLP;
Legal Alert/Article
March 12, 2014, previously published on March 10, 2014
On February 20, 2014, the Supreme Court of Canada granted leave to appeal from the first decision from the Québec Court of Appeal on the statutory secondary market liability regime adopted in 2007, pursuant to a reform of the Quebec Securities Act, R.S.Q. c. V-1.1 (“QSA”).


HTMLSupreme Court’s Cafa Ruling May Open Door to Increased State Attorney General Privacy-Related Lawsuits
Anthony T. Eliseuson; Dentons Canada LLP;
Legal Alert/Article
March 12, 2014, previously published on March 7, 2014
The Supreme Court’s recent rejection of Class Action Fairness Act (“CAFA”) jurisdiction in parens patriae suits (suits brought by state attorneys general on behalf of the state or state’s citizens in general) will likely increase the filing of such suits asserting claims and...


HTMLPrecedent-Setting Defeat of Americans with Disabilities Act Lawsuit Against Bank's ATM Operations
Waller Lansden Dortch Davis LLP;
Legal Alert/Article
February 6, 2014, previously published on February 3, 2014
Scoring a win against a pandemic of class actions, Cadence Bank defeated a putative class action that had accused the bank of indifference to the Americans with Disabilities Act at its ATMs. The Plaintiff alleged that an ATM at one branch was not accessible, as required by standards that the...


HTMLCFPB Report Targets Arbitration Clauses
Shannon Z. Petersen, Lisa Yun; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2014, previously published on January 8, 2014
The Consumer Financial Protection Bureau (the “CFPB”) is a new federal agency responsible for regulating consumer financial products and services. On December 12, 2013, the CFPB released a report on the use of arbitration clauses with class action waivers contained in credit card,...


HTMLOn The 11th Day of Privacy, Class Counsel Served On Me......
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 3, 2014, previously published on December 23, 2013
When asked why he robbed banks, the notorious bank robber Willie Sutton apocryphally replied, “Because that’s where the money is.” No matter its provenance, Sutton’s legendary dictum guides computer hackers and class counsel alike. Both target sectors of commerce deemed...


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