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

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

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Client Results

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

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

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

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

Represented a manufacturer in proceedings before the National Highway Traffic Safety Administration (NHTSA); after eight months of submissions, NHTSA determined there was no evidence of defect and denied a recall petition.

Represented a pharmaceutical manufacturer in two birth defect cases in Philadelphia: in one, the court directed a verdict for our client; in the other, the jury’s verdict was less than the plaintiff’s actual medical costs.

Served as national coordinating counsel for two Fortune 100 companies jointly defending more than 55,000 asbestos claims; also served those clients both as national motions counsel and as trial counsel.

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

Tried a multi-week wrongful death case and received from plaintiffs’ counsel — the day before closings were to begin — a stipulation of dismissal.

Obtained summary judgment in a wrongful death case, seeking eight figures in damages, for a Fortune 500 client.