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Latest Challenge Shows Staying Power of CBA Preemption Defense in Biometric Class Actions

Relying on a successful preemption defense, Jackson Park SLF, LLC (“Jackson Park”) recently defeated a biometric privacy suit claiming it improperly used employees’ fingerprints to track time and attendance without first...more

Recent Amazon Biometric Privacy Ruling Shows Power of Successful Personal Jurisdiction Challenges in BIPA Class Actions

Relying on a successful personal jurisdiction defense, Amazon Web Services (“AWS”) and Pindrop Security, Inc. (“Pindrop”) recently defeated a biometric privacy lawsuit claiming they captured voice data during phone calls...more

City of Portland Enacts Nation’s First Private-Sector Facial Recognition Ban

On September 9, 2020, the City of Portland, Oregon, became the first jurisdiction in the United States to issue a sweeping ban prohibiting the use of facial recognition technology by private entities, which will go into...more

U.S. Senators Introduce Bill Imposing Stringent, National Biometric Privacy Regulation

Biometric data—like fingerprints and facial geometry scans—allows companies across all industries to significantly enhance their operations in a myriad of ways. At the same time, the call for regulation over this especially...more

The Rise of Internet of Things Security Laws – Part II

This is the second part of a two-part article examining the enactment of California’s Internet of Things (“IoT”) security law, and the wave of similar IoT laws expected to follow close behind in 2020. The first part of this...more

The Rise of Internet of Things Security Laws: Part I

This is the first article in a two-part series examining the enactment of California’s Internet of Things ("IoT") security law, and the wave of similar IoT laws expected to follow close behind in 2020. This part discusses the...more

FBI Warns Companies to Be Vigilant as COVID-19-Themed BEC Scams Continue to Grow

As the COVID-19 pandemic continues to cause chaos across the globe, cyber attacks seeking to exploit the crisis on the rise as well. In particular, the frequency of COVID-19 business e-mail compromise (“BEC”) schemes—a...more

Beware of Telemarketing Call Limitations during the COVID-19 Public Health Crisis

Within a span of weeks, the coronavirus (“COVID-19”) pandemic has swept across the country, causing unprecedented disruption across all business sectors. In particular, telemarketers now face sizeable legal restrictions on...more

How to Prepare for Coronavirus-Themed Phishing Attacks

In recent weeks, the coronavirus (COVID-19) has taken the United States by storm, causing panic and fear across the country. The recent outbreak, which originated in China and is now spreading across the world, has been...more

TRACED Act Further Expands Scope of Telephone Consumer Protection Act Liability

In response to the rising number of unwanted robocalls, Congress passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act, Public Law No: 116-105, signed into law by President...more

Companies Using Biometrics Have Hope Despite Recent Court Rulings

The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more

IRS Announces Plans to Contact 10,000 Virtual Currency Owners about Tax Compliance

Taxpayers who own virtual currency should be prepared to respond to IRS inquiries regarding their virtual currency holdings and, if necessary, substantiate their reporting of these investments on their federal tax returns....more

Cheaters Never Prosper, but Video Game Developers Might

Cheating in video games is nothing new. But the methods by which game developers now seek to punish such conduct are changing. Recently, developers have tried combating cheating by filing civil lawsuits under federal...more

FCC’s Reassigned Number Database a Positive First Step, but Questions Remain

For years, consumer-facing companies have been subjected to draconian, disproportionate liability under the federal Telephone Consumer Protection Act (TCPA) for calling existing customers whose phone numbers have been...more

Proposed Treasury Regulations Shift the Landscape in Debt Financings over Collateral of Foreign Subsidiary Stock

Proposed Treasury Regulations have been published that will permit many U.S. corporate borrowers to provide a lender with a greater collateral package in respect of its foreign subsidiaries without an adverse tax consequence...more

IRS Not Contemplating Separate Voluntary Disclosure Program to Assist Taxpayers Who’ve Not Reported Cryptocurrency Income

A separate voluntary disclosure program to assist a significant number of taxpayers who have failed to report income resulting from transactions involving virtual currency will likely not be available according to a recent...more

New Treasury Regulations Impose Conflicting Requirements on Foreign Persons with U.S. Interests

Few Americans consider the United States to be a money laundering haven, but it is. Earlier this year, the European Parliament wrote: - The USA is seen as an emerging leading tax and secrecy haven for rich foreigners, when...more

China Agritech May Cork Repeat TCPA Class Actions

When envisioning the international performing arts troupe of Cirque du Soleil, there would be little reason to consider the appropriateness of their use of faxes for marketing purposes. But this conduct is exactly what the...more

IRS Announces Virtual Currency Enforcement Campaign

The IRS recently announced new audit priorities that include an emphasis on virtual currency transactions. Individuals who have concerns about the virtual currency transactions reported on their prior tax returns should seek...more

Third Circuit Rules Court Should Decide Class Arbitrability

Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class....more

And The Survey Says . . . GCs Need More Cybersecurity And Social Media Training

Becoming better versed in issues surrounding cybersecurity and social media risk would greatly benefit general counsel at publicly traded companies, according to a recent survey of executive leadership....more

California Passes New Law Protecting Consumers From Data Breaches

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 1710, authored by Assembly Members Roger Dickinson (D-Sacramento) and Bob Wieckowski (D-Fremont). AB 1710 enhances consumer protections by strengthening the...more

Philadelphia Joins New York in Issuing Social Media Guidance for Lawyers

We live in a digital age. And at the center of it all is the explosion of social media. The numbers are astonishing. Americans spend 16 minutes of every hour online on social networking sites. More Facebook profiles (5) are...more

9/10/2014

Third Circuit Rules Class Arbitration a Question for the Courts

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit in Opalinski v. Robert Half Int’l recently held that a federal judge—not an arbitrator—should decide whether an agreement between individuals to...more

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