The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil...more
On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more
Does your company run background checks on its employees? Do you pay a third-party to run the reports and trust them to get it right? You may not be as safe as you think you are.
Just ask Whole Foods, Paramount...more
Last week, the U.S. Department of Justice, on behalf of the United States Consumer Product Safety Commission (CPSC), filed suit against Michaels Stores, Inc. (“Michaels”) in the Northern District of Texas. United States of...more
For the first time in recent memory, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) jointly announced the filing of a lawsuit in federal court for the imposition of a civil penalty and...more
What do Whole Foods, Chuck E. Cheese, Michael’s Stores, Dollar General, Panera, Publix, and K-Mart have in common? Each of these companies has faced lawsuits (including class actions) under the Fair Credit Reporting Act...more
Earlier this week, the arts and crafts retailer Michael’s Stores, Inc. received notice of a new class action lawsuit challenging its use of applicant background checks. The lawsuit alleges that the retailer failed to provide...more
Of all of the numbers that are part of your daily personal life, which are important enough to keep private?
Your Social Security number? Definitely. Your date of birth? Maybe — depending on how cautious (and how old)...more
Disclaimer: I am a crazy person. I read over 50 articles before I wrote this (WHO DOES THAT) and I’m not even sure how I got so sucked in. In short, information security is a big deal right now – and there are tons of ways to...more
The SEC won a significant courtroom verdict Monday when a jury in New York returned a verdict in favor of the agency in the complex, high profile trading action brought almost four years ago against Samuel Wyly and the estate...more
There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up. We’ll give you a roundup here....more
A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed...more
The data breaches that Target, Michael’s, Nieman Marcus and other large companies have suffered recently have gained a great deal of attention in the media. These public and costly embarrassments serve as reminders that all...more
In its recent per curiam opinion in Rea v. Michaels Stores, Inc., the U.S. Court of Appeals for the Ninth Circuit clarified rules and procedures relevant to defendants seeking to remove cases to federal court.
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