Lawsuits Based On The Loss of Personal Information

//Lawsuits Based On The Loss of Personal Information

Lawsuits Based On The Loss of Personal Information

For more than a century, both statutory and common law have recognized that a cause of action may arise when a person’s private information is wrongfully revealed or misused.1 Historically, these “privacy torts,” such as breach of confidence, public disclosure of private facts or falselight publicity, have arisen when a single plaintiff claims her privacy was violated because of the disclosure of her personal information.2 While general principles of negligence may apply to such actions, more frequently, the
privacy torts do not consider the reasonableness of the person’s actions in disclosing the information, but instead focus on the impact of the disclosure on the affected person. These torts, moreover, were rarely encountered by most practitioners due to their unique application.

The electronic collection of personal information, however, is transforming these obscure torts and reinvigorating them in a way that all practitioners may encounter them in the future. Government agencies and businesses now maintain confidential information, including financial and medical data, concerning millions of people. Because that information may be maintained on a single storage device that could be lost, stolen or hacked into, private information about millions of citizens may find its way into the hands of a third party – instantaneously. Not only is the loss of personal information offensive to the
person who entrusted it to another, the information can be used in a variety of unsavory ways to harm that individual, the most publicized being identity theft.3

Read the entire article.

By | 2018-01-03T22:43:12+00:00 January 3rd, 2018|Uncategorized|0 Comments

About the Author:

Leave A Comment

Client Results

Tried a two month-long case for a medical device manufacturer which resulted in a defense verdict as to plaintiff’s claims.

Obtained a directed verdict during trial from a federal district court on a Daubert motion; appellants dismissed their case after oral argument in the Eleventh Circuit.

Served as national counsel for a client sued in more than 300 cases, many alleging wrongful death, following the company’s recall of more than a dozen of its products. Resolved the entire docket of cases in less than two years through “no pay” dismissals, motions practice, and the remainder were resolved at values acceptable to the client.

National trial counsel for a large U.S. manufacturer of household fixtures; have represented the company in numerous wrongful death and brain injury suits.

Won a motion to defeat creation of a multi-district litigation (MDL) case; argued before the Joint Panel on Multi-District Litigation (JPML).

Won a multi-week jury trial in federal court for the largest petrochemical company in the world.

Represented a pharmaceutical client in a suit brought by the state of Alabama, alleging fraud in Medicaid-related drug prices. The Supreme Court of Alabama found for the manufacturer on all counts.

Overturned on appeal, before a state supreme court, a jury verdict of $150,000,000.

Won an appeal, before a state supreme court, of a jury verdict of 130 million dollars.

Regulatory counsel for clients involved in proceedings before the Consumer Products Safety Commission (CPSC) concerning safety standards, ongoing and completed recalls, and accident investigations.