Keeping Private Public Records Private: Slater v. Arizona Board of Regents

When college or university faculty members are accused of sexual harassment or sexual misconduct, the institution is tasked with assessing and investigating the allegations and responding appropriately. The goals may seem straightforward: address the situation, help remedy the effects, and … Continue reading

Posted in Case Brief, Defamation, Negligence, Privacy, Public Disclosure of Private Facts, Sexual Misconduct, Title IX | Tagged , , , , ,

Data Breach Standing Developments in the Sixth Circuit: Galaria et al. v. Nationwide Mutual Insurance Co.

Horror stories of what victims of identity theft go through routinely make headlines as large-scale data breaches have gained more attention. Victims may find their financial accounts unexpectedly frozen. They may have credit lines, even mortgages, opened in their names. … Continue reading

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Attias v. Carefirst August 10, 2016, Memorandum Opinion

This recent court decision adds to an increasing body of law that makes it harder for data breach victims to win against the companies from whom their data was stolen. According to the U.S. District Court for the District of … Continue reading

Posted in Business Torts, Case Brief, Cyber Security, Identity Theft, Negligence, Privacy, Public Disclosure of Private Facts |

FTC Holds LabMD Liable for Negligent Information Security

The Federal Trade Commission issued an opinion today that continues the discussion of what reasonable data security practices are and should be when it found a medical laboratory’s practices violated federal law. The case concerns a now-defunct medical testing laboratory, LabMD, … Continue reading

Posted in Cyber Security, Negligence, Privacy |

Do Peyton and Ashley Manning Have a Case against Al Jazeera or Charlie Sly?

This past weekend, Al Jazerra published “The dark side: The secret world of sports doping,”[1] a forty-nine-minute news story. Relying on unsworn and dubious statements Charlie Sly made while he was allegedly being secretly recorded, Al Jazeera published Sly’s defamatory … Continue reading

Posted in Business Torts, Defamation, Negligence, Privacy, Public Disclosure of Private Facts | Tagged , , , ,

Jury Instructions for Arizona’s False Light Invasion of Privacy Claims

In 1989, the Arizona Supreme Court expressly held that Arizona recognizes the version of the false light invasion of privacy tort described in the Restatement (Second) of Torts § 652E (1977). See Godbehere v. Phoenix Newspapers, 162 Ariz. 335, 783 … Continue reading

Posted in False Light, Negligence, Privacy | Tagged , , ,

Sony Data Breach Lawsuit Properly Alleges Negligence

  On December 15, 2014, two former employees, Michael Corona and Christina Mathis, filed a lawsuit against Sony Pictures Entertainment, Inc. See Complaint, Michael Corona et al v. Sony Pictures Entertainment, Inc. The Complaint initiating the lawsuit properly alleged the facts … Continue reading

Posted in Negligence, Privacy | Tagged , ,

Suing for Reputational Harm Resulting from Negligent Record Keeping

  The importance of accurate personnel records in the hands of public and private actors alike cannot be understated. From financial loans to college admissions, these records often serve as the basis for life-changing (for better or worse) administrative decisions. … Continue reading

Posted in Negligence | Tagged ,

Recovering for Harm to Reputation Caused by Negligent Investigations

  There are many reasons a government agency or other entity might conduct an investigation, but what happens when its investigation is conducted negligently? Many agencies have standards for products, processes, or behavior. For example, the Food and Drug Administration … Continue reading

Posted in Business Torts, Negligence | Tagged , ,