A state court has dismissed the California Attorney General’s claims that Delta Air Lines Inc. (“Delta”) violated the California Online Privacy Protection Act by failing to have an appropriately posted privacy policy for its mobile application, Bloomberg reports. The California AG sued Delta in December as part of an enforcement campaign that began with the issuance of warning letters to approximately 100 operators [...]
Archive for the ‘News’ Category
California DNA Act Ruled Unconstitutional
August 9th, 2011
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Big news coming out of California today as the Court of Appeals struck down a law requiring every adult arrested on a felony charge to submit a DNA sample. In the People v. Mark Buza, the court held that the Forensic Identification Data Base and Data Bank Act of 1998 (“DNA Act”) violated the Fourth [...]
California Supreme Court Rules That Zip Codes Are Personal Identification Information
February 14th, 2011
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Retail stores across California routinely ask customers to provide a ZIP code when making a purchase. This practice may now be prohibited following the California Supreme Court decision in Pineda vs. William Sonoma, __ Cal. 4th__ (February 10, 2011), holding that ZIP codes are “personal identification information” for the purposes of the Song-Beverly Credit Card [...]
IE9 To Include Tracking Protection
December 15th, 2010
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On December 1, 2010, the Federal Trade Commission issued a major report discussing consumer privacy online. In the report, the FTC advocated the use of a “Do Not Track” mechanism governing the collection of information about consumer’s Internet activity. Specifically, the FTC suggested the use of a “persistent setting, similar to a cookie, on the [...]
CA Insurance Brokers No Longer Required To Send Opt-Out Notices Prior To Policy Shopping At Renewal
November 23rd, 2010
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Insurance broker-agents in California no longer are required to send customers annual privacy notice forms permitting them to opt-out of information sharing. Insurance broker-agents thus may now use customers’ nonpublic personal information to shop around for better policies at renewal. On November 4, 2010, California’s Office of Administrative Law repealed California Code of Regulations(C.C.R.) § 2689.8(c)(3), [...]
California Approves Insurance Reg Amendments
November 9th, 2010
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The California Office of Administrative Law has approved Department of Insurance plans to repeal portions of its privacy regulations, Insurance Journal reports. Effective immediately, agents and brokers will no longer be required to mail privacy policies to customers annually nor must they provide customers with an opt-out form to prevent broker-agents from shopping on renewal, the [...]
McKennon│Schindler LLP Client Awarded $543,612.62 in Damages in Investment Loss Case – the First of its Kind in Hundreds of Pending Medical Capital Cases
October 28th, 2010
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In what appears to be the first FINRA arbitration award of its kind in the pending Medical Capital cases, McKennon│Schindler LLP client Eric Anderson was awarded $543,612.62 in damages (the full amount of his investment losses) for his massive losses caused by his financial advisor firm’s negligence and breach of fiduciary duties owed to Mr. Anderson. [...]
Supreme Court to Hear Case on 1st Amendment and Privacy.
October 5th, 2010
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In NASA vs. Nelson, the Supreme Court will address the question, “Can the government require employees, including private contract workers, to reveal personal details such as past drug use?” NASA is contesting a privacy ruling won by 28 Caltech employees who work at the Jet Propulsion Laboratory in La Canada Flintridge.
Social Networking Sites Fair Game for Evidence
September 28th, 2010
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The Boston Herald reports on a New York Bar Association opinion that lawyers can ethically use social networking sites to gather information on opposing parties in lawsuits. The explosion in the use of networks like Facebook and MySpace raises new legal questions about privacy rights, the report states, but an opinion released last week by [...]
