The U.S. Court of Appeals for the D.C. Circuit (the “Court”) issued a major ruling against the Securities and Exchange Commission (“SEC”) on August 29, 2023, holding that the SEC acted arbitrarily and capriciously when it...more
Addressing an important issue for in-house counsel, the Supreme Court will resolve a three-way circuit split as to when “dual-purpose” attorney-client communications that contain both legal and non-legal advice are protected...more
In Frank v. Gaos, plaintiff Paloma Goas brought a class action alleging that Google’s transmission of users’ search terms violated the Stored Communications Act, 18 U.S.C. § 2701, et seq. (“SCA”). The SCA creates a private...more
4/1/2019
/ Appeals ,
Class Action ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23 ,
FRCP 23(e) ,
Google ,
Injury-in-Fact ,
Private Right of Action ,
Remand ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing ,
Statutory Violations ,
Stored Communications Act ,
Vacated
The U.S. Court of Appeals for the D.C. Circuit, on March 16, 2018, struck a blow to healthcare industry efforts to exclude certain communications subject to the Health Insurance Portability and Accountability Act (HIPAA) from...more
3/29/2018
/ Appeals ,
Arbitrary and Capricious ,
ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
Department of Health and Human Services (HHS) ,
Exemptions ,
FCC ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
PHI ,
Prior Express Consent ,
Rite Aid ,
TCPA