David Brown
Allegheny County Judge Rules that Pennsylvania Does Not Recognize Negligence Claims in Data Breach Actions
A Pittsburgh-area judge recently ruled that Pennsylvania does not recognize negligence claims in data breach lawsuits. Dittman v. UPMC, No. GD-14-003285 (Pa. Ct. Com. Pl., Allegheny Cnty., May 28, 2015). The case centers on a data breach in 2014 involving the University of Pittsburgh Medical… Read More
Text to Vote: A Cautionary Tale for SMS Marketing Under the TCPA
Promotional text messaging, especially in the sports industry, is growing in popularity. More and more sports teams and advertisers are reaching sports fans through their mobile devices. As most companies know by now, the FCC rules implementing the Telephone Consumer Protection Act apply to promotional… Read More
Is Your Industry Ripe for Noncompliance Under the Fair Labor Standards Act?
Recently, the U.S. Department of Labor found that Marcellus Shale oil and gas contractors violated the Fair Labor Standards Act (FLSA), which resulted in the contractors agreeing to pay nearly $4.5 million in back wages to approximately 5,000 employees. According to the Labor Department, most… Read More
Another Post-Clapper Data Privacy Breach Case Dismissed for Lack of Standing
The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute… Read More