News & Analysis as of September 26, 2024

Data Privacy

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Developments in Association Law 2022 – 2024

Pillsbury Winthrop Shaw Pittman LLP on 9/16/2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

Jones Day on 8/10/2021

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Supreme Court Raises Standing Requirements for Data Breach Class Actions

Epiq on 8/4/2021

With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more

Privacy Update: Corporate Boards - Don’t Underestimate Your Role in Data Security Oversight

ArentFox Schiff on 5/20/2021

The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security. Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight - The...more

U.S. Supreme Court Declines to Review Article III Standing Issues Raised in Biometric Privacy Class Action Against Facebook,...

King & Spalding on 3/6/2020

On January 21, 2020, the U.S. Supreme Court denied Facebook’s petition for a writ of certiorari to consider whether consumers alleged a sufficiently concrete injury-in-fact in a biometric privacy lawsuit. A group of...more

Privacy and Data Security Client Alert | January 2019

Shook, Hardy & Bacon L.L.P. on 1/29/2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

Ninth Circuit Revisits Standing Analysis for Statutory Claims in Spokeo

Dechert LLP on 8/29/2017

On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more

Advertising Litigation Report: Vol. 2, No. 1

Kramer Levin Naftalis & Frankel LLP on 2/2/2017

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016) - ...more

Financial Services Report, Summer 2016

Morrison & Foerster LLP on 6/8/2016

BELTWAY - Every Last Penny Counts - Five federal banking agencies issued a Supervisory Bulletin titled “Interagency Guidance Regarding Deposit Reconciliation Practices” (the “Guidance”). The Guidance outlines...more

Supreme Court Hears Oral Argument In Spokeo

Patterson Belknap Webb & Tyler LLP on 11/12/2015

Last Monday, the Supreme Court heard argument in Spokeo, Inc. v. Robins, one of this Term’s closest-watched cases, especially in the data-privacy field. While attempting to “read the tea leaves” from oral argument can be...more

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Robinson+Cole Class Actions Insider on 11/4/2015

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

The Supreme Court Preview, Part III: A Couple Spare Parts

Foley & Lardner LLP on 11/3/2015

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

Advertising Law - October 2015 #4

Manatt, Phelps & Phillips, LLP on 10/30/2015

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Advertising Law - August 2015

Manatt, Phelps & Phillips, LLP on 8/7/2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Neiman Marcus Chides Seventh Circuit Panel

Mintz - Privacy & Cybersecurity Viewpoints on 8/5/2015

Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims - Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of...more

Data Broker’s Appeal to U.S. Supreme Court Could Reshape Future of Data Privacy Litigation

McDermott Will & Emery on 5/14/2015

In a case that could shape the future of data privacy litigation, the Supreme Court recently agreed to review the decision by the U. S. Court of Appeals for the Ninth Circuit under the Fair Credit Reporting Act (FCRA) in...more

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