Over the last several weeks, a variety of major retailers, restaurant groups, pharmacies and other merchants have been hit with a deluge of putative class action lawsuits alleging violations of the Americans with Disabilities...more
11/15/2019
/ Americans with Disabilities Act (ADA) ,
Article III ,
Brick-and-Mortar Stores ,
Denial of Certiorari ,
Disability Discrimination ,
Disney ,
Gift-Cards ,
Home Depot ,
Internet ,
Kroger ,
Motion to Dismiss ,
NYCHRL ,
NYSHRL ,
Permanent Impairments ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Standards ,
Regulatory Violations ,
Restaurant Industry ,
Retail Market ,
Retailers ,
Victoria Secret ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Whole Foods
We routinely hear from United States citizens who want advice on how to remove photographs, newspaper articles, videos or personal information about themselves from the internet.
Originally published by the European...more
10/11/2019
/ CNIL ,
Data Protection ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Facebook ,
Failure to Comply ,
General Data Protection Regulation (GDPR) ,
Google ,
Internet ,
Internet Service Providers (ISPs) ,
Personal Data ,
Personally Identifiable Information ,
Right to Be Forgotten ,
Right to Privacy ,
Search Engines
On March 14, the New Jersey Senate passed a bill (S.477) by a 32-1 vote that, if signed into law, will significantly expand the statute of limitations period for child sex abuse victims to pursue civil claims against their...more
3/19/2019
/ Child Abuse ,
Child Protection Laws ,
Criminal Prosecution ,
Legislative Agendas ,
Pending Legislation ,
Risk Management ,
Sexual Abuse ,
Sexual Assault ,
State and Local Government ,
Statute of Limitations ,
White Collar Crimes
The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more
3/14/2019
/ Appeals ,
Article III ,
Corporate Counsel ,
Data Protection ,
Debit and Credit Card Transactions ,
FACTA ,
Identity Theft ,
Injury-in-Fact ,
J Crew ,
Motion to Dismiss ,
Privacy Concerns ,
Putative Class Actions ,
Retailers ,
Standing ,
Statutory Violations
Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more
7/11/2018
/ Academic Misconduct ,
Breach of Contract ,
Contract Terms ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Online Commentary ,
Professional Disciplinary Actions ,
Protected Activity ,
State and Local Government ,
Universities ,
WI Supreme Court ,
Work Suspensions
Despite focused media coverage and a steady increase in the number of data breaches involving public companies, there has not been a corresponding increase in shareholder securities fraud and shareholder derivative claims...more
4/2/2018
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Disclosure Requirements ,
Form 10-K ,
Material Misrepresentation ,
Publicly-Traded Companies ,
Risk Management ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Fraud ,
Securities Litigation
While some defendants will view the Spokeo II decision as lowering the bar for standing, the recognition in Spokeo II and Groshek that a statutory violation alone does not automatically satisfy the concrete injury requirement...more
8/18/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing
The Chronicle of Higher Education recently reported that, on June 8, 2017, the Department of Education’s Office for Civil Rights (OCR) distributed an internal memo containing new guidance that will provide regional offices...more
On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more
3/3/2017
/ Dear Colleague Letter ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Gender Identity ,
LGBTQ ,
OCR ,
School Restrooms ,
Secretary of Education ,
Sexual Assault ,
Sexual Orientation Discrimination ,
Title IX ,
Transgender ,
Trump Administration
A covered entity will need to arrange for someone to perform the CISO function, dedicate resources to conduct periodic risk assessments, develop and implement policies and procedures, and retain appropriate personnel and...more
1/26/2017
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Covered Entities ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
NYDFS ,
Personally Identifiable Information ,
Risk Assessment ,
Risk Management
Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an...more
12/9/2016
/ Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC v Wyndham ,
Information Technology ,
NIST ,
Oracle ,
Popular ,
Risk Management ,
Section 5
The Court’s discussion of concrete injuries likely applies to other statutory consumer class actions based solely on technical violations.
On May 16, the U.S. Supreme Court issued its much-anticipated decision in Spokeo,...more
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more
9/17/2015
/ Banking Sector ,
Breach Notification Rule ,
CAN-SPAM Act ,
COPPA ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FERPA ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
OCR ,
Personally Identifiable Information ,
Privacy Laws ,
Verizon
Not worried about cybersecurity at your financial institution? Then you are in the minority. Cyber-risk was identified as the number one worry of bank risk managers at a panel of bank chief risk officers at the American...more
In This Presentation:
- Regulatory expectations for financial institutions
- Risks for financial institutions
- Planning to reduce risks
- The Breach
- Duties and responsibilities
-...more
6/23/2015
/ Banking Sector ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Enforcement ,
FFIEC ,
Financial Institutions ,
Regulatory Agencies ,
Regulatory Oversight ,
Risk Assessment ,
Security and Privacy Controls ,
Strategic Planning
Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more
6/15/2015
/ Breach of Contract ,
Class Action ,
Data Breach ,
Data Security ,
Duty of Care ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
Target
The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions.
On March 25, the Philadelphia Court of Common Pleas provided...more
In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more
5/19/2015
/ ACLU v Clapper ,
American Civil Liberties Union (ACLU) ,
Appeals ,
Edward Snowden ,
Ex Parte ,
First Amendment ,
Foreign Intelligence Surveillance Act ,
Fourth Amendment ,
Metadata ,
National Security Agency (NSA) ,
Patriot Act ,
Right to Privacy
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more
In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more
11/26/2014
/ Breach of Contract ,
Class Action ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Private Right of Action
U.S. District Judge Stanley R. Chesler of the District of New Jersey recently provided much needed guidance to directors and officers on their duties and responsibilities with regard to cybersecurity. In Palkon v. Holmes, et...more
In This Presentation:
- WHY IS DATA PRIVACY AND SECURITY IMPORTANT?
..Why is it important to protect data?
..SEC Cybersecurity Risk Alert
..FINRA Scrutiny
- BEFORE THE BREACH
...more
Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more
11/10/2014
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC)