Court grants preliminary approval of settlement in data privacy class action
July 6, 2017 – Federal district court judge Jon S. Tigar today granted the firm’s motion for preliminary approval of a proposed class action settlement made on behalf of several named plaintiffs in their long-running breach of privacy case against eight mobile application developers and Apple, Inc. Led by firm partner David Given, the settlement agreement is the product of several years of extensive discovery and vigorous negotiations. The settling app developers –Foodspotting, Foursquare, Gowalla, Instagram, Kik, Path, Twitter, and Yelp – will pay $5.3 million to establish a non-reversionary common fund for class members, who consist of anyone in the U.S. who activated the applicable versions of the apps on their Apple devices during the relevant time period. Plaintiffs’ case against Apple for misrepresentation and false advertising in connection with its security and privacy promises relating to iDevices remains ongoing; Judge Tigar heard and took under submission a motion for certification of that class, and an order is expected soon. A hearing for final approval of the app developer settlement is set for December 14, 2017 at 2:00 p.m.