Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more
The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks. Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more
Friday’s jobs report was not only 200,000 jobs below projections for November, but it marked the fifth straight month of a diminished pace of hiring in the United States and brought urgency to facing the reality that there...more
Understanding the boundaries of legal privilege in corporate internal investigations is critical. When counsel, either internal or external, misunderstands these boundaries, the result can be disastrous....more
Saudi Aramco’s mega IPO plans are back on, and while valuation and other stumbling blocks remain, the kingdom is hoping to raise billions via the public offering as early as next year....more
Jobs Report Friday again! Lots to look for in the numbers this month, especially considering the economic uncertainty that’s defined the past few weeks....more
For years, plaintiffs in data breach class actions have argued that the threshold for Article III standing is low – and increasingly courts are accepting that argument....more
Blink, and it’s Jobs Report Friday again. Where does the time go? Here’s what we’re watching for in the numbers....more
Honda is joining forces with General Motors in an effort to win the race to develop self-driving cars through a $750 million stake in GM’s Cruise Holdings autonomous vehicle unit. The Japanese carmaker plans to contribute a...more
A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. ...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the EU's General Data Protection Regulation going into effect despite some member states lacking in local necessary legislation, a pair of U.S. states'...more
Class Actions - Uber Data Breach Suits Consolidated in California - The U.S. Judicial Panel on Multidistrict Litigation has settled on the U.S. District Court for the Central District of California in which to...more
The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N). The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more
Plaintiff filed a class action against Barnes & Noble in the Southern District of New York, alleging that it violated her privacy by sharing information about her purchases with Facebook. Barnes & Noble moved to compel...more
Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more
Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous...more
Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more
Seyfarth Synopsis: A New York federal court denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage”...more
An employee without an employment contract is typically deemed to be an at-will employee. In an at-will employment relationship, the employer has the right to terminate the employee for any reason, with or without cause....more
It was about time for data breach defendants to get a win. The District Court for the Northern District of Illinois delivered one to Barnes & Noble in its long-running class action that stems from a breach suffered in 2012....more
In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more
Copyright Opinions - Second Circuit Permits Distribution of Cloud-Based Samples, But Declines to Consider “Novel” Cloud Storage Infringement Issue: Smith v. Barnesandnoble.com, LLC, No. 15-3508 (2d Cir. October 6,...more
On Monday, October 3, 2016, the U.S. District Court for the Northern District of Illinois dismissed a putative class action lawsuit concerning a 2012 data breach at Barnes & Noble, Inc. (“B&N”) during which hackers obtained...more
A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble...more
Anyone who has purchased a product online or downloaded software for a computer, tablet or mobile device has likely encountered “browsewrap” and “clickwrap” agreements. Such agreements are the bread and butter of companies...more