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Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
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Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
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In the complex and rapidly evolving landscape of data breach litigation, the First Circuit’s recent case of Webb v. Injured Workers Pharmacy, LLC stands as a significant milestone, and it offers a wealth of insights for...more
Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more
Biometric data continues to take up a massive amount of space in the digital universe. Fingerprints, facial scans, and voice recognition are staples of modern devices and are regularly integrated into business models....more
The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more
Earlier this month, a magistrate judge in the Northern District of California dealt another blow to the “kitchen sink” approach to pleading affirmative defenses. In Wesch v. Yodlee, Inc., Magistrate Judge Sallie Kim granted...more
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
This week, a North Carolina federal judge denied Filters Fast LLC’s motion to dismiss a proposed data breach class action, ruling that the plaintiffs demonstrated adequate harm to satisfy Article III standing....more
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
In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing. Background - The case, McMorris v. Carlos...more
The question of standing has proven to be a tricky one in data breach litigation. Last week a federal district court in Maryland rejected a proposed class action brought by Marriott guests related to a data breach suffered by...more
After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses. Because of the act’s novelty, it was unclear whether...more
Since the Illinois Supreme Court issued its seminal decision in Rosenbach v. Six Flags Entertainment Corp. in the beginning of 2019, companies using fingerprint scanners and other biometric technologies have faced a...more
THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more
In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois...more
On May 5, 2020, the Seventh Circuit held in Bryant v. Compass Group USA, Inc. that a plaintiff who asserted a violation of the Illinois Biometric Information Privacy Act’s (“BIPA’s”) notice and consent requirements had...more
Seyfarth Synopsis: Plaintiffs’ lawyers reached a landmark $550 million settlement in January 2020 in a lawsuit against Facebook by consumers in a class action brought under the Illinois Biometric Information Privacy Act (the...more
Seyfarth Synopsis: On January 29, 2020, Facebook announced that it had reached a settlement with plaintiffs in a class action brought under the Illinois Biometric Information Privacy Act (the “BIPA”) in the U.S. District...more
SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
On August 8, 2019, the United States Court of Appeals for the Ninth Circuit again weighed in on Article III standing. Unlike its previous ventures into standing, however, it did so this time in the context of the Illinois...more
Recently, the Ninth Circuit Court of Appeals held that an Illinois class of Facebook users can pursue a class action lawsuit arising out of Facebook’s use of facial scanning technology....more
In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more
Once the California Consumer Privacy Act (CCPA) takes effect on January 1, 2020, the California courts will be inundated with a litany of interpretive questions. One that will no doubt surface concerns the proper...more
Maine Bill Requires ISPs to Obtain Opt-In Consent from Customers - The Maine legislature has passed a bill that requires internet service providers (ISPs) operating in Maine to obtain express, affirmative consent from...more