A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC enforcement in the data privacy space. The case began when the FTC filed a complaint on August 28, 2013 after an employee of LabMD, a cancer detection laboratory, downloaded peer-to-peer (“P2P”) software that exposed patient […]
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West Virginia High Court Finds Standing without Harm for Invasion of Privacy Claim in State Data Breach Class Action
The West Virginia Supreme Court of Appeals recently issued an important – but outlier – decision in a data breach class action. In a per curiam decision, the Court held that the plaintiffs had standing to bring their claims even though discovery revealed that not a single class member – much less the named plaintiffs […]