Category Archives: Privacy Rights

Fans Sue Golden State Warriors for Mobile Eavesdropping

Golden State Warrior fans filed a class action lawsuit in federal court against the team and the companies who developed the team’s mobile app. The plaintiffs allege that the app unlawfully records audio from the microphone without user notification or permission, and that while the app is marketed for providing live stats, scores, and standings, it also tracks users through audio-based beacon technology for the purpose of marketing and advertising. The app determines a user’s precise physical location by secretly activating the user’s smartphone’s built-in…

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On Heels of Unprecedented Win, Hogan Files New Sex Tape Suit

On Monday May 2, 2016, wrestling icon and reality-television celebrity Hulk Hogan filed another civil suit in Florida state court over the alleged distribution of a sex tape featuring the wrestler. According to the complaint, Hogan accuses Gawker Media, LLC (the gossip website whom he had just secured a $140 million jury verdict against in March), and a slew of individual defendants of intentionally interfering with his career in the WWE by obtaining and releasing a sex tape recorded without his consent. The tape…

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Gawker Bodyslammed with Another $25M, Hogan Award Jumps to $140M Total

In what should come as no surprise to anyone following the case, jurors in the Hulk Hogan right to privacy civil suit against gossip-site Gawker, which was brought over release and publication of a 2006 sex tape involving the wrestling superstar, hit the media company with another $25 million judgment late Monday afternoon on March 21, 2016. The award was for punitive damages, an extra penalty that can be handed out in certain cases where it is found a person went above and beyond conscionable…

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Hulk Hogan Awarded $115 Million in Bout Against Gawker

On Friday, March 18, 2016, after only about six hours of deliberation, a jury of four women and two men hit gossip-site Gawker with a $115 million damages verdict against it in the  Hulk Hogan civil suit over right of privacy and publicity charges. The award, which was handed down on the same day that attorneys for both sides delivered their closing statements, included $55 million in economic damages and $60 million in noneconomic damages. Hogan had been seeking $100 million in total from the…

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Gawker Tries One Final Takedown of Hulk Hogan’s Persona as Trial Nears End

On Thursday, March 17, 2016, Gawker Media LLC, the defendant in a $100 million right of privacy trial brought by wrestling icon and American hero Hulk Hogan over the news site’s publication of a sex tape featuring the Hulkster, made one last stand to the jury on the ninth day of trial and on the eve of closing statements. In keeping consistent with the argument it’s made throughout the trial—that the celebrity and former WWE star Hogan repeatedly bragged about and discussed issues of his…

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Hulk Hogan Trial Update: Jury Hears Lover’s Testimony

Jurors in the $100 million invasion of privacy trial between wrestling superhero Hulk Hogan and gossip-site Gawker heard the previously recorded deposition of Heather Cole — formerly Heather Clem, ex-wife of radio personality Bubba the Love Sponge — better known as the woman Hogan was caught having an affair with in a secretly videotaped intimate rendezvous dating back to 2006. She testified that her former husband told her to have sex with Hogan but never informed her that the encounter was going to be filmed.…

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Real or Fake? Attorneys in Hulk Hogan Sex Tape Trial Showing Litigation Can Be as Entertaining as Wrestling

The Hulk Hogan sex tape civil trial against gossip-site Gawker ended its sixth day of in-court proceedings Monday, March 14, 2016. The case itself is being heavily covered by the media, with defendant Gawker even livestreaming the trial on its website, and comes out of an incident in which the media company published an edited, unsolicited version of a sexual encounter between wrestling-icon Hogan and his former best friend’s wife, Heather Clem. According to Hogan, the affair happened in 2006, and although the rendezvous was…

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Nashville Jury Awards Erin Andrews $55 Million

Fox Sports news reporter Erin Andrews was awarded $55 million on Monday, March 7, 2016 by a Nashville jury in a lawsuit over a secretly filmed nude video. The $75 million lawsuit was brought against her stalker, Michael Barrett, as well as the owner and management company of the Nashville Marriott where the video was filmed. Andrews’ attorneys argued that the hotel erred in allowing Barrett to learn where she was staying in the hotel, and by letting him book a room next to her.…

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Lamar Odom & HIPAA: A Kardashian Takeaway for Employers

This post first appeared on Goldberg Segalla’s Professional Liability Matters blog.  Reality television fans and others were saddened recently when news of a Kardashian family member’s overdose hit the news.  Lamar Odom, sometime beau of Khloe Kardashian, was hospitalized after the incident, and his privacy was reportedly violated when staffers at the medical center where he was treated took pictures of him.  The staffers were immediately fired due to this conduct. Lamar’s plight contains a teachable lesson for those employers who must comply with the…

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Hulk Hogan Takes First Bout Against Gawker

On Wednesday, October 21, 2015, a Florida state judge granted former WWE star Hulk Hogan the opportunity to search private electronic communications of employees of Gawker Media LLC, which is being sued by Hogan for intentionally leaking confidential and racist remarks made by the wrestler. The incident stems from the $100 million lawsuit filed by Hogan for Gawker’s role in allegedly releasing and covering the publication of a sex tape involving Hogan in 2012. The famed-wrestler believes that employees of Gawker intentionally released information that…

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