Superior Court Rules that Notice Revealing “Potential” Data Breach Does Not Found Basis for Plaintiffs’ Standing to Bring Suit in Privacy Matters
    On January 21, 2021, a judge in the Superior Court of Delaware announced a decision in the matter of Abernathy v. Brandywine Urology Consultants, in which the court found that a group of plaintiffs had no standing to bring suit for negligence and breach of contract against the urology office because the plaintiffs “had not alleged an injury” following an attempted January 2020 data breach.
    Excellus Health Agrees to Pay $5.1 Million Settlement Over Two-Year Data Breach Over 9 Million Individuals
    On January 15, 2021, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) announced that Blue Cross Blue Shield subsidiary Excellus Health Plan, Inc. has agreed to a $5.1 million settlement for alleged violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rules.
    England-Wales High Court Denies U.K. Citizen Motion to Bring Data Privacy Case Against U.S.-Based Forensics News Website Under the GDPR
    On January 15, 2021, Justice Jay of the England and Wales High Court Queen's Bench Division announced a decision in the matter of Soriano v. Forensic News and Others, which was the first U.K. judgment addressing “the territorial scope” of the General Data Protection Regulation (GDPR).
    Court Rejects Motion to Dismiss in Copyright Infringement and Breach of Contract Dispute Between Starz Entertainment and MGM
    On January 22, 2021, a judge in the U.S. District Court for the Central District of California denied defendant MGM’s motion to dismiss copyright infringement, breach of contract, and breach of the covenant of good faith and fair dealing claims brought by plaintiff Starz Entertainment in the matter of Starz Entertainment, LLC v. MGM Domestic Television Distribution, LLC.
    Update: Former Google Engineer Among 73 Individuals Pardoned by President Trump
    On January 20, 2021, former Google engineer Anthony Levandowski was among those pardoned by President Donald Trump before the President left office.
    Update: District Court Affirms $502.8 Million Jury Verdict in Patent Infringement Dispute Between VirnetX and Apple
    On January 15, 2021, a judge in the U.S. District Court for the Eastern District of Texas affirmed an October 2020 jury verdict in the decade-long patent infringement matter of VirnetX Inc., et al. v. Apple Inc.
    Fifth Circuit Vacates $4.3 Million M.D. Anderson HIPAA Penalty in Data Privacy Dispute
    On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated a $4.3 million civil monetary penalty charged by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) against the University of Texas M.D. Anderson Cancer Center.
    D.C. District Court Orders Production of Forensic Reports in Data Breach Litigation, Refuting Work-Product and Attorney-Client Privileges
    On January 12, 2021, a judge in the U.S. District Court for the District of Columbia granted the plaintiff’s “motion to compel production of a forensic report prepared by an external security-consulting firm” in the data breach matter of Wengui v. Clark Hill, PLC et al.
    FTC Announces Settlement with Photo Storage App Developer Over Facial Recognition Data Privacy Concerns
    On January 11, 2021, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., following allegations that the photograph storage application developer had deceived customers regarding its “Ever” application’s use of facial recognition technology to tag images.
    Update: SCOTUS Rules on Google v. Oracle’s Decade-Long Copyright Infringement Dispute
    On April 5, 2021, the U.S. Supreme Court (SCOTUS) released an opinion in the matter of Google, LLC v. Oracle America, Inc.
    Pokémon Go Developer Settles Copyright Infringement Dispute Against Hackers for $5 Million
    On January 11, 2021, a judge in the U.S. District Court for the Northern District of California approved a settlement in a June 2019 copyright infringement matter between Pokémon Go developer Niantic, Inc. and mobile application hacker group Global++ et al.
    Federal Circuit Affirms District Court Ruling in Image Tagging Software Patent Dispute
    On January 7, 2021, the U.S. Federal Circuit Court of Appeals affirmed a December 2019 U.S. District Court for the District of South Carolina decision in the matter of ImageQuix LLC v. Snapizzi Inc, in which the Federal Circuit found Snapizzi’s image tagging technology patent invalid.