In this second installment, we focus on the role of state attorneys general in enforcing U.S. consumer data privacy laws. For our most recent previous article, click here. Most federal privacy laws do not preempt applicable...more
Part 1: Introduction and Overview -
Earlier this month, Boston University prevailed in one of the few surviving Boston-based COVID-19 tuition refund class action suits. The U.S. District Court in Boston granted BU’s...more
In early 2023, the District of Maine was the first district court to apply and interpret a recent and notable First Circuit ruling that should be top-of-mind for class action attorneys and litigants seeking approval of...more
A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more
4/26/2023
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FERPA ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
State Privacy Laws
The first question most businesses ask, understandably, is whether they are subject to the new wave of U.S. state privacy laws. For our largest clients, the answer is often a straightforward yes; but for midsize and small...more
On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more
On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the First Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast....more
On October 5, 2022, in Laufer v. Acheson Hotels LLC, the U.S Court of Appeals for the 1st Circuit reversed a lower court’s dismissal of a suit against Acheson Hotels, LLC, which operates an inn on Maine’s southern coast....more
For businesses that collect, process, and explore innovative uses of personal information, last month marked a watershed moment in the ongoing evolution of the U.S. regulatory landscape. Cracking down on the cosmetics brand...more
With another legislative session set to close, the Massachusetts Legislature has yet again punted the issue of comprehensive consumer data privacy to a future term. This development may come as a disappointment or relief,...more
On July 27, 2022, in Archer v. Grubhub, the Massachusetts Supreme Judicial Court considered whether Grubhub delivery drivers within the Commonwealth are exempt from arbitration under Section 1 of the Federal Arbitration Act...more
On February 2, 2022, the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity advanced an amended comprehensive data privacy bill, the Massachusetts Information Privacy and Security Act,...more
On June 25, 2021, the Supreme Court issued its much-anticipated 5-4 ruling in TransUnion LLC v. Ramirez. In a 27-page decision by Justice Kavanaugh, the Court reversed the Ninth Circuit’s decision upholding the certification...more
6/29/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
In response to declining COVID-19 transmission rates and the continuing vaccine rollout, Massachusetts Governor Charlie Baker announced that, beginning March 1, the Commonwealth will begin advancing into the second step of...more
Effective Monday, October 5, Massachusetts begins Step 2 of Phase 3 of reopening via Order 51 in lower-risk communities, defined as cities and towns that have not been a “red” community in any of the last three weekly...more
In a national bellwether case, the United States District Court for the Northern District of Florida dismissed a putative class action seeking the payment of “agent fees” for Paycheck Protection Program (PPP) loans under the...more
Currently, one of the most prominent areas for class action litigation related to the COVID-19 pandemic is disputes about whether commercial insurance policies cover business interruption losses. Hundreds of businesses have...more
In four separate decisions issued on August 5, 2020, the U.S. Judicial Panel on Multidistrict Litigation declined to consolidate for pretrial purposes dozens of actions against national banks arising from their roles as...more
8/11/2020
/ Banks ,
Borrowers ,
Case Consolidation ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Financial Institutions ,
Judicial Panels ,
Lenders ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Small Business ,
Small Business Loans
In response to the statewide increase in COVID-19 transmission, Massachusetts Governor Charlie Baker announced that he would be pausing some reopening measures and reimposing some restrictions. He issued Order 46,...more
As more class actions are filed every day related to the COVID-19 pandemic, a growing number of plaintiffs are asserting claims against banks that acted as participating lenders in the Paycheck Protection Program (PPP). The...more
8/7/2020
/ Agents ,
Borrowers ,
Breach of Duty ,
CARES Act ,
Class Action ,
Coronavirus/COVID-19 ,
Fiduciary Duty ,
Lenders ,
Loan Applications ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
SBA ,
Small Business Loans
Effective August 1, 2020 Massachusetts Governor Charlie Baker’s Order 45 requires all out of state (and international) travelers entering Massachusetts, specifically including students and returning residents, to quarantine...more
Massachusetts Governor Charlie Baker recently issued Order 43, moving Massachusetts into Phase 3 of the Commonwealth's four-phased Reopening Plan. Phase 3, like prior phases, has two steps, with Step 1 of Phase 3 taking...more
Earlier this month, Massachusetts Governor Charlie Baker issued Order 37 initiating Phase 2 of the Commonwealth's four-phased Reopening Plan. The order builds on Order 35, which provided the initial framework for Phase 2. ...more
Last Updated July 1, 2020
With this unprecedented school year winding down across the Commonwealth, there has been uncertainty about organized, out-of-the-home activities for children this summer and how to ensure that kids...more
On June 1, 2020, Massachusetts Governor Charlie Baker issued COVID-19 Order No. 35, providing new guidance on Phase 2 of the Reopening Advisory Board’s Reopening Massachusetts Plan. ...more