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No Actual Harm, No Foul: No Standing In Federal Illinois BIPA Case

An Illinois federal court recently remanded a case back to Illinois state court after concluding, sua sponte, that it lacked subject matter jurisdiction over a privacy suit initiated by a class of employees asserting...more

No Arbitration Of Putative TCPA Class Action As Seventh Circuit Reverses District Court

On March 22, 2018, the U.S. Court of Appeals for the Seventh Circuit, considering an interlocutory appeal, reversed a district court’s order granting a motion to compel arbitration of Telephone Consumer Protection Act...more

Thirty-Six Individuals Charged In Global Cybercrime Ring “Infraud”

The United States Department of Justice (“DOJ”) recently indicted thirty-six individuals leading a global cybercrime ring for allegedly trafficking in stolen personal and financial information....more

Can You Find Me Now? U.S. Supreme Court Considers Cell Phone Location Tracking Data In The Digital Age In Landmark Privacy Case

On November 29, 2017, the U.S. Supreme Court heard oral argument in United States v. Carpenter, a case that could fundamentally change the way the government collects, uses, and tracks individuals’ location information...more

Biometrics Class Action Suits Proliferate In Illinois

Over the past few months, businesses have seen a significant uptick in putative class action lawsuits filed in Illinois state court, alleging claims under Illinois’ 2008 privacy law, the Biometric Information Privacy Act...more

Digital Currency Vulnerable To Cybersecurity Attacks

The Commodity Futures Trading Commission (“CFTC”) recently warned that “digital wallets” used to store virtual currency such as Bitcoin could be susceptible to cybersecurity attacks. ...more

D.C. Circuit Revives Data Breach Putative Class Action On Standing Grounds, Widens Circuit Split

On August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit revived a data breach class action that was dismissed for lack of standing, holding that the district court improperly applied the Article III injury-in-fact...more

Company Director Becomes First Ever Convicted Under Hong Kong Privacy Law For Failing To Respond To Investigation Summons

The director of a Hong Kong employment agency was convicted of a criminal offense arising under Hong Kong’s Personal Data (Privacy) Ordinance (“PDPO”) on June 30, 2017. The director pleaded guilty before the Kowloon City...more

Spokeo And Standing: Fourth Circuit Applies Spokeo And Reverses Nearly $12 Million FCRA Action Judgment

On May 11, 2017, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act...more

Reach Out And Invite Someone – Federal District Court Sets Limits On Liability Under The TCPA

On May 15, 2017, a federal district judge granted summary judgment in favor of Poshmark, Inc., dismissing a putative nationwide class action alleging violations of the Telephone Consumer Protection Act, 47 U.S.C. §...more

United States Department Of Justice Seeks To Dismantle Massive Kelihos Botnet, Files Complaint In Federal District Court

The United States Department of Justice (“DOJ”) recently announced that it would be undertaking an “extensive effort to disrupt and dismantle the Kelihos botnet – a global network of tens of thousands of infected computers...more

Cybersecurity And Financial Institutions: How New York’s “First-In-The-Nation” Data Security Regulations May Impact You

March 1, 2017 marked the implementation of New York’s cybersecurity regulations, subjecting covered financial institutions to arguably the most burdensome cybersecurity regime yet. The regulations, promulgated by the New...more

Standing In Data Breach Class Actions: The Fourth Circuit Weighs In, Affirming Dismissal For Lack Of Subject Matter Jurisdiction

The U.S. Court of Appeals for the Fourth Circuit issued a unanimous opinion in Beck v. McDonaldon February 6, 2017, clarifying the standard for Article III standing and what constitutes sufficient injury-in-fact in putative...more

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