Special Dedication to Neville L. Johnson, Johnson & Johnson, LLP

West-Thompson - catalog page

west.thomson.com/productdetail/15178/13974316/productdetail.aspx

West-Thompson - home page

west.thomson.com

West-Thompson - catalog page

west.thomson.com/productdetail/15178/13974316/productdetail.aspx

Privacy Torts

By 
David A. Elder

Binder/Looseleaf
Copyright: 2002-2008

Last Updated: 6/17/2008
Availability: In Stock
List Price for Set: $218.00

1 Available 2008 Supplement $74.00
2 Available Binder & Contents $184.00

Description

This text analyzes these privacy torts, including intrusion upon seclusion, public disclosure of private facts, false light in the public eye, breaches of fiduciary duties, duties to confidentiality, and misappropriation. You will find comprehensive, practice-oriented material throughout the treatise. Includes research references, a table of cases, an index and a statutory appendix.

Replaces The Law of Privacy (1991).

Features

• Research references help you locate authority quickly
• Thorough coverage on the law of privacy torts

1. Introduction
• Brief overview
• The oral publication limitation
• The personal nature of the privacy action
• Privacy rights of business and associational entities
2. Intrusion Upon Seclusion
   • Intrusion upon seclusion-General introduction Intent and malice
   • Intrusion upon seclusion v. intentional infliction of emotional distress-A comparison
   • Publication
   • Actionable physical or locational intrusions
   • Actionable highly offensive non-trespassory intrusions
   • The "public"-"private" dichotomy and the concept of a "reasonable expectation of privacy"
   • The requirement of an actual intrusion or invasion Liability for acts of third parties-Aiding and abetting, etc.
   • Damage remedies for actionable intrusions
   • Injunctive relief
   • Consent or waiver
   • Qualified privilege
   • Absolute privilege-Judicial proceedings
   • Judicially compelled disclosures and legislatively authorized investigations
   • Absolute and qualified privileges of executive officers of federal and state government
   • Public records
   • The rights and responsibilities of media defendants
   • Wiretapping, electronic surveillance, peeping toms, eavesdropping and mail interception
   • Obtaining, disclosure and discussion of confidential medical information; issues of genetic privacy
   • Creditors and debt collection agencies
   • Professional investigators and surveillance and stalking
   • Job-related racial and sexual harassment
   • Intrusions upon prisoners' and psychiatric inmates' privacy
   • Interferences with marital and family relationships
   • Initiation of and participation in judicial proceedings
   • Use of names
   • Searches of patrons and precipitated arrests by store personnel
   • Landlord-tenant disputes
   • Employer-employee relationships
3. Public Disclosure of Private Facts
• Truth and malice
• Public disclosure of private facts v. intentional infliction of emotional distress-A comparison
• The publicity requirement
• The identification requirement
• The private facts requirement
• The highly offensive requirement
• The fault requirement in public disclosure cases
• Remedies
• Consent or waiver
• Qualified or conditional privileges
• Publications by executive and legislative officers of government
• Absolute privilege for legally compelled disclosures
• Absolute privilege for judicial proceedings
• Church disciplinary proceedings
• Public records
• Public personages-Public officials and employees, candidates for public office, and other public figures
• The public interest-Newsworthiness limitation
• Newsworthiness and the passage of time
• Cox Broadcasting Corp. v. Cohn and its progeny
4. False Light in the Public Eye
• False light-An introduction
• False light-A comparison with the three other subgroupings of privacy
• The requirement of publicity
• The identification requirement
• The substantial falsity and highly offensive requirement-General rules.
• Remedies-Damages
• False light and the common law and statutory requirements of defamation for proof of special damages
• Waiver or consent
• Qualified privilege
• Absolute privilege-Judicial proceedings
• Executive officials
• False light and the fair report privilege
• Applicable first amendment standards
• False light, defamation and use of hidden cameras and deception: a proposal for establishing constitutional malice
5. Breaches of Fiduciary Duties and Duties of Confidentiality
• Introduction
• Liability of physicians and psychotherapists for breaches of confidentiality
• Banking and lending institutions
6. Misappropriation
• The appropriation-publicity tort-ln general
• Cases involving appropriation of name, picture or portrait to advertise a product, promote a business or otherwise financially benefit the defendant
• Non-commercial appropriations
• Appropriation of identity-Definitional coverage
• Identification
• Consent, waiver and abandonment
• Descendibility and inheritability of the right of publicity
• The incidental use exception
• The newsworthiness-public interest limitation
• Absence of commercial appropriation
• The "ad in disguise" exception to newsworthiness Forfeiture by falsification or fictionalization
• First amendment limitations
• Damages
• Injunctive relief

Important: Filing/Shelving Instructions or Shipment Insert

Privacy Torts

Shelving Instructions

• PLACE the new 2008 cumulative supplement behind the red supplement tab in the back of your binder.

Highlights

The Westlaw Database Identifier for Privacy Torts is PRIVTORTS

ABOUT THE AUTHOR: Professor David A. Elder received his Bachelor of Arts degree from Bellarmine College in Louisville, Kentucky, his Juris Doctor from St. Louis University School of Law, and his LLM from Columbia University. He is a member of the Rhode Island Bar Association and teaches Torts, International Law, a seminar in Constitutional Law - Mass Media, and Products Liability at the Salmon P. Chase College of Law at Northern Kentucky University.

Eagan, MN 55123

• chaselaw.nku.edu/faculty/faculty_bio.php?id=8
• chaselaw.nku.edu/faculty/

• klerkblog.googlepages.com/LawReviewArticlesInCourtOpinions.pdf.

Business Services

http://biz.yahoo.com/ic/ll/760tor.html

BUSINESS SUMMARY   
Thomson Reuters Corporation provides intelligent information for businesses and professionals in the financial, legal, tax and accounting, scientific, healthcare, and media markets worldwide. It operates in two divisions, Markets and Professional. The Markets division offers sales and trading services comprising information, trading, and post-trade connectivity requirements of buy-side and sell-side customers in the foreign exchange, fixed income, equities and other exchange-traded instruments, and commodities and energy markets; and enterprise services, including information and software that supports business automation within the capital markets. This division also provides investment and advisory services consisting of information and decision support tools and integration services to portfolio managers, wealth managers, investment bankers, research analysts, and corporate executives; and media services, such as information and news services to the world?s newspapers, television and cable networks, radio stations, and Web sites, as well as directly to consumers through Reuters-branded digital services, including online, mobile, and IPTV platforms. The Professional division provides critical information and decision support tools and services to legal, intellectual property, compliance, and business and government professionals; tax and accounting professionals; researchers, scientists, and information professionals in the academic, scientific, corporate, and government marketplaces; and physicians and other professionals in the healthcare, corporate, and government marketplaces. The company was founded in 1977. It was formerly known as The Thomson Corporation and changed its name to Thomson Reuters Corporation in April 2008. The company is headquartered in New York, New York.