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Injunctive Relief Data Privacy

Mintz - ML Strategies

Understanding the American Data Privacy and Protection Act

Mintz - ML Strategies on

On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more

Venable LLP

Twitter Will Pay $150 Million to Settle Charges That It Misrepresented Its Privacy and Security Practices

Venable LLP on

Last week, the United States Department of Justice, acting on behalf of the Federal Trade Commission, took action against Twitter, Inc. for allegedly using private account security data to sell targeted advertisements without...more

Health Care Compliance Association (HCCA)

OCR: Current Fines Too Low to Spur Compliance; Agency Also Seeks Funding Boost, Injunctive Relief

Report on Patient Privacy 22, no. 5 (May, 2022) - Compared to other agencies, the HHS Office for Civil Rights (OCR) is a little fish in the big federal pond, but it has an outsize effect on HIPAA covered entities (CEs) and...more

Proskauer - New Media & Technology

Settlement in Plaid Fintech Data Case

On August 5, 2021, a proposed class action settlement was reached in the closely-watched privacy action against fintech services company Plaid Inc. (“Plaid”).  The settlement features a $58 million settlement fund and certain...more

Husch Blackwell LLP

Status Of Proposed CCPA-Like State Privacy Legislation As Of March 29, 2021

Husch Blackwell LLP on

Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more

Fisher Phillips

Will Supreme Court Enforce Law And Order In The Digital Workplace?

Fisher Phillips on

Now entering its ninth month in the United States with no sign of slowing down, the COVID-19 pandemic has forced many employers to make permanent changes to business operations in order to survive. Among the most noticeable...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

Reveal on

Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Nilan Johnson Lewis PA

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

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The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Patterson Belknap Webb & Tyler LLP

A Closer Look at the CCPA’s Private Right of Action and Statutory Damages

The California Consumer Privacy Act (CCPA) has significantly altered the potential consequences of a data breach under California law by permitting California consumers to bring civil suits for statutory damages, Cal. Civ....more

Saul Ewing LLP

Illinois Supreme Court Finds No Actual Injury is Required for Violation of Illinois Biometric Information Privacy Act

Saul Ewing LLP on

Two significant decisions on the issue of standing to sue were handed down by the Illinois courts on January 25, 2019. Both of them offer significant assistance to the plaintiff’s class action bar by easing the requirements...more

Kilpatrick

Keep Your Eye on Biometrics: Illinois High Court Waves Six Flags at Spokeo

Kilpatrick on

Attention all who collect fingerprints and other biometric information of Illinois residents: a private right of action is now available for a mere technical violation of the Illinois Biometric Information Privacy Act...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

Fisher Phillips on

On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Fenwick & West LLP

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

Fenwick & West LLP on

In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

Akin Gump Strauss Hauer & Feld LLP

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy...

• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more

Hogan Lovells

Illinois Supreme Court Says Infringement of Rights Under Biometric Act Is Sufficient for Standing, Even Absent Additional Harm

Hogan Lovells on

The Illinois Supreme Court ruled on January 25 in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff can allege a violation of rights under the state’s Biometric Information Protection Act (BIPA) even without...more

Seyfarth Shaw LLP

Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act...

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Vedder Price

The Rise of Biometric Lawsuits in Illinois

Vedder Price on

In the past few weeks, five putative class action lawsuits have been filed under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., targeting defendants in the health care, senior living,...more

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 1

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

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

Foley & Lardner LLP

Florida’s CADRA a Powerful New Data Protection

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Florida businesses will soon have an important and powerful new legal cause of action to combat unauthorized access to protected computer systems or data by employees, former employees, directors, officers, and others....more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older...more

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