Lexology Association of Corporate Counsel (ACC) Email address ____________________ Password ____________________ Log inRequest new password Search by keyword ____________________ Jurisdiction [(any).......................] Work area [(any)..............................] Firm name [(any)..........................................] Search Reset Go to LEXOLOGY LEGAL WRITING AWARDS 2010 * Register * RSS feeds * Submissions * Contact * Search help * About * Popular articles * Testimonials "An excellent service!" "An excellent service!" "An excellent service!" Sonja Sarantis Legal Counsel State Street Bank and Trust Company * © Copyright 2006-2010 Globe Business Publishing Ltd * Disclaimer * Privacy policy Ninth Circuit joins other courts in rejecting data-breach claims lacking proof of actual harm View original document | Send to colleague | Print Wiley Rein LLP Kimberly L. Sikora Panza USA July 7 2010 Wiley Rein LLP logo Plaintiffs in data-breach cases frequently have difficulty surmounting the necessary hurdle of proving damages when no identity theft can be shown. Please log in below to access the full article. If you are not an existing Lexology subscriber, please register for the free daily legal newsfeed service here. Email address ____________________ Password ____________________ Log inRequest new password Tags * USA, * Information Technology, * Litigation, * Wiley Rein LLP Share this article on... * Delicious * Digg * Facebook * Bookmarks * LinkedIn * Mixx it * Newsvine * Reddit * StumbleUpon * Twitter Popular related articles * USA * Information Technology * Litigation * Wiley Rein LLP 1. Corporate whistleblower protections significantly altered by Dodd-Frank Wall Street Reform Act (Mayer Brown LLP) The Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") includes important changes to corporate whistleblower protections that affect publicly traded and non-publicly traded companies. 2. Document preservation demand — now what? (Foley & Lardner LLP) You walk into your office, check your inbox, and notice an e-mail referring in the subject line to "Jane Doe," an employee who was terminated six months ago. 3. Rite Aid settles with FTC (Womble Carlyle Sandridge & Rice PLLC) On July 27, 2010, the FTC announced that it had settled with Rite Aid Corporation on charges that Rite Aid had failed to protect financial and medical information of its customers and employees in violation of HIPAA and other federal laws. 4. Employers should pay close attention to two retaliation cases set for hearing during the Supreme Court’s next term (Strasburger & Price LLP) The Supreme Court's next term begins in October 2010, and two important retaliation cases are set to be heard. 5. Who owns Bratz - does assignment of inventions cover ideas? (Pillsbury Winthrop Shaw Pittman LLP) An appellate court ruled that an employee's agreement to assign "inventions" to Mattel may not cover "ideas" the employee had for the Bratz line of dolls. 1. Document preservation demand — now what? (Foley & Lardner LLP) You walk into your office, check your inbox, and notice an e-mail referring in the subject line to "Jane Doe," an employee who was terminated six months ago. 2. Rite Aid settles with FTC (Womble Carlyle Sandridge & Rice PLLC) On July 27, 2010, the FTC announced that it had settled with Rite Aid Corporation on charges that Rite Aid had failed to protect financial and medical information of its customers and employees in violation of HIPAA and other federal laws. 3. To share or not to share? Legal privacy concerns abound (Arnstein & Lehr) The odds are pretty good that if you're a big consumer of mobile apps, the private information on your phone has been collected and sent somewhere without your knowledge. 4. More HIPAA, anyone? (Quarles & Brady) We know that you have been waiting for the next installment of HIPAA even more than the next Harry Potter movie. 5. A decision that rings a Dell (McCarthy Tétrault LLP) Can consumer and non-consumer contracts that contain an arbitration clause be made subject to class proceedings? 1. The economic downturn – is it force majeure? (Mayer Brown LLP) Since "force majeure" is not a term of art, whether an event triggers a "force majeure" clause depends on the proper construction of the clause wording. 2. Before you charge in - Part 7. Confidentiality agreements - are they worth the paper they are written on? (Wragge & Co) It is an established principle that to be protected by the law of confidential information, that information must be confidential in nature and disclosed in circumstances carrying an obligation of confidence. 3. Hadley v Baxendale damages test is still the norm (Mayer Brown LLP) The House of Lords' decision in The Achilleas placed a question mark over the English contract law rules on remoteness of damage and the classic statement of those rules in Hadley v Baxendale as to the extent of the losses recoverable for breach of contract. 4. Employers should pay close attention to two retaliation cases set for hearing during the Supreme Court’s next term (Strasburger & Price LLP) The Supreme Court's next term begins in October 2010, and two important retaliation cases are set to be heard. 5. Assigning your rights under a D&O policy: the High Court speaks (Clayton Utz) Assigning your rights under a directors' and officers' policy is a vexed issue, and this morning the High Court gave some welcome guidance on the issue (CGU Insurance Limited v One.Tel Limited (In Liquidation) [2010] HCA 26 - Clayton Utz acted for the successful respondent). 1. DOJ issues advance notice of proposed rulemaking applying the Americans with Disabilities Act to websites operated by public accommodations, including those with a web-only presence (Wiley Rein LLP) Twenty years to the day since President George H.W. 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Policy proceeds not property of bankruptcy estate because payment of proceeds would not affect estate assets (Wiley Rein LLP) The United States Bankruptcy Court for the District of Delaware has held that policy proceeds were not part of the insured entity's bankruptcy estate because previous entity claims were dismissed with prejudice, it was highly speculative that the bankruptcy trustee would approve indemnification of directors and officers and the policy's priority of payment provision provided that entity coverage was only available after payment of proceeds for direct coverage to insured persons. 4. No coverage for post-policy period claims where notice of circumstances during policy period was insufficient (Wiley Rein LLP) The United States Court of Appeals for the Ninth Circuit, applying California law, has held that there is no coverage for post-policy period claims where an insured's notice of circumstances during the policy period was insufficiently specific. 5. New North Korean sanctions anticipated (Wiley Rein LLP) On July 22, 2010, U.S. Secretary of State Hillary Clinton announced that the United States will impose further sanctions on North Korea in an effort to weaken the North Korean government led by Kim Jong Il. Most popular articles on Lexology View original document | Send to colleague | Print If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com. © Copyright 2006-2010 Globe Business Publishing Ltd