Last week, New Jersey Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs (“Division”) announced that a physician group affiliated with more than 50 South Jersey medical and surgical practices agreed to pay $417,816 and improve data security practices to settle allegations it failed to properly protect the privacy of more
New Jersey
2-Year Statute of Limitations Applies to HIV Patient’s Privacy Suit
A New Jersey appeals court recently ruled that a two-year statute of limitations applies to a claim by an HIV-positive patient asserting one of his doctors improperly disclosed his medical status to a third party without consent. The three-judge Appellate Division panel rejected arguments by the doctor that the suit should be dismissed as time-barred…
Ethics Case Alleging Improper Social Media Access May Proceed
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo violated the Rules of Professional Conduct, including those governing communications with represented parties,…
NJ Amends Do Not Call Law
Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request.
While many companies focus on complying with the Telephone…
NJ & NY Propose Amendments To Data Breach Laws
The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft. Bill A3146, if approved by the Senate, would expand the state’s law to include disclosure of a breach of security of online accounts.
*UPDATE* Suit Against School District Regarding Tweet Settles
As previously reported, in a March 2014 filing titled H.W. v. Sterling High School District, a New Jersey high school student filed suit claiming school officials had violated her constitutional rights when they punished her for content she posted on Twitter which criticized Sterling High School’s principal.
Student Files Suit After Tweet Lands Her In Hot Water
A New Jersey student has filed a federal court lawsuit, H.W. v. Sterling High School District, alleging that she has been subject to disability discrimination and that her First Amendment rights have been violated.
The student, known only as H.W. in court papers, was banned from the prom, senior trip, and the school’s commencement…
Facebook Posts Not Discoverable
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account. 
In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident
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Employee Criminally Prosecuted For Taking Employer’s Documents
A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing. In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support…
New Jersey Settles Alleged COPPA Violation
In a recent consent order, the New Jersey Division of Consumer Affairs settled an investigation involving Dokogeo, Inc., a California based mobile application developer.
Under the Children’s Online Privacy Protection Act (“COPPA”) websites and online services which collect information from children younger than 13 are subject to certain parental notice and consent requirements.
In…

