A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more
8/17/2018
/ Actual Injuries ,
Article III ,
Biometric Information ,
Collective Bargaining Agreements (CBA) ,
Consent ,
Data Collection ,
Dismissals ,
Fingerprints ,
Labor Disputes ,
Popular ,
Preemption ,
Putative Class Actions ,
Railway Labor Act ,
Standing ,
Subject Matter Jurisdiction ,
Timekeeping
The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more
7/26/2018
/ Appeals ,
Article III ,
Background Checks ,
Banking Sector ,
Class Action ,
Credit Reports ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
Job Applicants ,
Standing ,
Summary Judgment
What You Need to Know Now -
• The new law takes effect January 1, 2020, but there’s a lot to do so you need to start work now.
• The new law expands the definition of personal information and gives California consumers...more
7/17/2018
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data Security ,
Data-Sharing ,
Disclosure Requirements ,
Enforcement ,
Governor Brown ,
Minors ,
New Legislation ,
Notice Requirements ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete ,
Statutory Damages ,
Third-Party Service Provider ,
Vendors
The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more
7/13/2018
/ Appeals ,
Breach of Contract ,
Data Breach ,
Data Privacy ,
Data Security ,
Discovery ,
Dismissals ,
Economic Loss Doctrine ,
Former Employee ,
Fraudulent Charges ,
Hackers ,
Motion for Summary Judgment ,
Personally Identifiable Information ,
Property Theft ,
Putative Class Actions ,
Unjust Enrichment
The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more
7/5/2018
/ Appeals ,
Cease and Desist Orders ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Federal Rules of Civil Procedure ,
Federal Trade Commission (FTC) ,
LabMD ,
Popular ,
Reversal ,
Unfair or Deceptive Trade Practices
The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more
6/27/2018
/ Appeals ,
Article III ,
Class Action ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Fraudulent Charges ,
Identity Theft ,
Injury-in-Fact ,
Negligence ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Remand ,
Standing ,
Subject Matter Jurisdiction ,
Vacated
Overview (10. – 6.) -
10. The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. It applies to the processing of “personal data” of EU citizens and residents (a/k/a “data...more
6/20/2018
/ Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Subjects Rights ,
e-Discovery ,
Electronically Stored Information ,
Encryption ,
EU ,
EU Data Protection Laws ,
Exceptions ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Third-Party Service Provider
Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more
4/6/2018
/ Bitcoin ,
Blockchain ,
Copyright ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
IP License ,
Misappropriation ,
MPEP ,
Music Industry ,
On-Sale Bar ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Privacy Concerns ,
Right of Publicity ,
Trade Names ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Virtual Currency
The D.C. Circuit has handed down its long-anticipated ruling in ACA International v. Federal Communications Commission, and in doing so invalidated key aspects of the U.S. Federal Communications Commission’s 2015 Omnibus...more
In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
3/12/2018
/ Article III ,
Consumer Fraud ,
Corporate Counsel ,
Customer Information ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Putative Class Actions ,
Retail Market ,
Standing ,
Zappos
The U.S. Court of Appeals for the Ninth Circuit joined a growing number of circuit courts of appeal to hold that alleged procedural violations of the Fair and Accurate Credit Transactions Act, such as the inclusion of a...more
The Federal Trade Commission on Jan. 8 announced its first settlement of alleged violations of the Children’s Online Privacy Protection Act arising from internet-connected toys. The FTC complaint against VTech followed the...more
1/24/2018
/ Children's Products ,
Children's Toys ,
Connected Items ,
COPPA ,
Data Breach ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Online Safety for Children ,
Personally Identifiable Information ,
Popular ,
Regulatory Violations ,
Settlement
The U.S. Court of Appeals for the Fifth Circuit affirmed the Computer Fraud and Abuse Act conviction of an IT worker who sabotaged his employer’s network, rejecting the argument that an IT worker’s authorized access to...more
The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more
12/7/2017
/ Appeals ,
Article III ,
Consumer Privacy Rights ,
Data Collection ,
ESPN ,
Internet ,
Internet Streaming ,
Personally Identifiable Information ,
Roku ,
Standing ,
Television Programming ,
VPPA
The U.S. Court of Appeals for the Second Circuit on Nov. 21, 2017, affirmed the dismissal of a putative class action alleging violations of the Illinois Biometric Information Privacy Act for failing to allege a material risk...more
In a case with free speech implications, the U.S. Court of Appeals for the Ninth Circuit on November 8, 2017, affirmed the denial of Glassdoor, Inc.’s motion to quash a grand jury subpoena for the identities of the Glassdoor...more
11/22/2017
/ Appeals ,
Bad Faith ,
Criminal Investigations ,
Federal Contractors ,
First Amendment ,
Free Speech ,
Government Investigations ,
Grand Juries ,
Internet ,
Motion to Compel ,
Motions to Quash ,
Online Platforms ,
Online Reviews ,
Popular ,
Subpoenas ,
User-Generated Content
The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more
11/17/2017
/ App Developers ,
Audio Recording ,
Children's Toys ,
COPPA ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Internet ,
Mobile Apps ,
Parental Consent ,
Popular ,
Risk Management ,
Smart Devices ,
Websites
Data breaches are a reality that all businesses need to take seriously. Knowing your vulnerabilities is only part of the solution. You and your key stakeholders should be prepared with an incident response plan that defines...more
The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more
10/2/2017
/ Administrative Proceedings ,
Anti-Retaliation Provisions ,
Carpenter v US ,
Chevron Deference ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Energy Sector ,
Epic Systems Corp v Lewis ,
Federal Arbitration Act ,
First Amendment ,
Fourth Amendment ,
Free Exercise Clause ,
Free Speech ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Internal Reporting ,
LGBTQ ,
Location Data ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
NLRA ,
Oil States Energy Services v Greene's Energy Group ,
Patent Trial and Appeal Board ,
Patents ,
Public Accommodation ,
Religious Discrimination ,
SAS Institute Inc. v Lee ,
SCOTUS ,
Search & Seizure ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Stored Communications Act ,
Technology Sector ,
USPTO ,
Whistleblowers
The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff’s credit card...more
Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers, announced in September that it had suffered a data breach exposing personal information of up to 143 million...more
9/25/2017
/ Breach Notification Rule ,
Credit Reporting Agencies ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Emergency Management Plans ,
Equifax ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Risk Management
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more
The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more
8/28/2017
/ Article III ,
Bitcoin ,
Breach of Contract ,
Breach of Implied Contract ,
Corporate Counsel ,
Data Breach ,
Gambling ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Putative Class Actions ,
Scottrade ,
Standing ,
Stock Prices ,
Unjust Enrichment
In a decisive 8-1 vote, the U.S. Supreme Court rejected a theory of specific jurisdiction that would allow a state court to assert specific jurisdiction over the claims of out-of-state plaintiffs whose claims were not...more
6/29/2017
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Due Process ,
Forum Shopping ,
Fourteenth Amendment ,
General Jurisdiction ,
Mass Tort Litigation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
SCOTUS ,
Specific Jurisdiction