Searching Content by David Munkittrick ordered by Published Date Descending.
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Attacking Class Certification On A Motion To Dismiss? A Recent Decision Says There Is A Way
Antitrust class action counsel are in the business of extracting cash from defendants in the form of settlements that are, in effect, a tax on every transaction in the market covered by the case.
United States
11 Jul 2019
When Settlement and Secrecy Do Not Mix
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement
United States
1 Jul 2016
Class Actions And The Continued Significance Of Arbitration Agreements
The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years.
United States
12 Apr 2016
The FTC's First Loss In Nearly Half A Decade, Illuminating The Difficulties Of Prediction And The Merits Of Litigating It
The decision is unlikely to avert the FTC's focus from innovation markets, or reduce its willingness to pursue potential competition theories.
United States
15 Oct 2015
The Legacy Of The RadioShack Bankruptcy And The Importance Of PII
Customer information has become an increasingly valuable business asset. And, the volume and detail of other available information about consumers has increased along with it, well beyond mere customer names and addresses to preferences, purchasing history, and online activity.
United States
5 Oct 2015
Supreme Court Preserves States' Power To Protect Consumers But In The Process Blurs Federal Preemption Analysis
The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins.
United States
29 Apr 2015
When Is Data Security "Unfair"?
Data security is big news. And so is the Federal Trade Commission ("FTC"). Put the two together in a crucible of litigation, and it is sure to be a blockbuster.
United States
23 Mar 2015
FCC: The New Data Security Sheriff In Town
Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring.
United States
29 Oct 2014
No Class: Hulu Users Lose Certification Motion
Claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs.
United States
24 Jun 2014
On The Horizon: FCC’s New Telemarketing Rules
On October 16, 2013, the Federal Communications Commission’s ("FCC") new rule implementing the Telephone Consumer Protection Act ("TCPA") will go into effect.
United States
18 Sep 2013
Standing in Data Breach Litigation
In a world full of electronic information (not to mention hackers and identity thieves), data breaches—the loss, theft, or unauthorized access to data—are a reality for companies that collect and store personal information.
United States
30 Aug 2013
Rise Of The Genome
We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise.
United States
17 Jun 2013
FTC Issues Recommendations On Mobile Data Disclosures, Urges Mobile Industry To Act
Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week.
United States
13 Feb 2013
Standing On The Precipice: Privacy Litigation And Standing Requirements
The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the federal government’s international electronic surveillance program under the Foreign Intelligence Surveillance Act.
United States
27 Nov 2012
Shaking Up the Settlement Process: FTC Reconsiders Whether Companies Can Deny Wrongdoing While Settling Privacy Violation Claims
The Federal Trade Commission ("FTC") recently announced settlements of cases brought against Google and Facebook for alleged privacy violations.
United States
30 Aug 2012
GPS In The Workplace
Earlier this year in "United States v. Jones", the United State Supreme Court addressed the privacy implications of Global Positioning Systems ("GPS"), holding that placing a GPS tracking device on a suspect’s car was a "search" under the Fourth Amendment.
United States
8 May 2012
Smart Grid Technology Implicates New Privacy Concerns
The smart grid is an advanced metering infrastructure made up of "smart meters" capable of recording detailed and near-real time data on consumer electricity usage.
United States
13 Apr 2012
The White House Proposes New Consumer Privacy Bill Of Rights
On February 23, 2012, the White House issued a proposal to adopt a Consumer Privacy Bill of Rights.
United States
29 Feb 2012
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