In an expert analysis article published by Law360 (subscription) entitled “Spotlight on Spokeo: A Win for Consumers,” Lieff Cabraser attorneys Nicholas Diamand and Andrew Kaufman provide a detailed review of the U.S. Supreme Court’s recent decision with respect to Spokeo Inc. v. Robins, et al. The decision has been hailed as a win for the plaintiffs bar, reaffirming that individuals harmed by illegal conduct have the right to defend their privacy rights.
In Spokeo, Thomas Robins sued internet database Spokeo under the Fair Credit Reporting Act, claiming that the website published incorrect information about him. While the Court split on the question of whether Robins himself had standing, it unanimously rejected the defense bar’s proposed cramped construction of Article III standing that would have eliminated whole categories of injury long-recognized by Congress, but that do not involve easily measured harm, including violations of privacy rights. The court also expressly confirmed that Congress has the power to define injuries and create causes of action that did not exist before.
The full article is available here for review.
About Nicholas Diamand
Nicholas Diamand is a partner in Lieff Cabraser’s New York office with a practice focused on securities and consumer fraud cases. He was actively involved in the firm’s representation of the California Board of Regents in successful securities fraud litigation against AIG. His consumer fraud and privacy case work includes digital privacy litigation against Facebook and LinkedIn, among others.
About Andrew Kaufman
Andrew Kaufman is an associate in Lieff Cabraser’s Nashville office. Andrew was the Executive Editor of the Harvard Law and Policy Review and is also the author of the articles “Lochner for the Executive Branch: The Torture Memo as Anticanon” and “American Foreign Policy Opinion in 2004: Exploring Underlying Beliefs.”