In a narrow but significant ruling in American Hospital Association et al. v. Xavier Becerra, et al., No. 4:23-cv-01110-P, the U.S. District Court for the Northern District of Texas (Hon. Mark T. Pittman) ruled that one...more
Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity shortcomings of data owners. The underlying...more
On December 19, 2022, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice jointly announced that Epic Games Inc. (“Epic Games”) will pay two record fines, in twin settlements, totaling half a billion...more
2/14/2023
/ COPPA ,
Data Collection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EPIC ,
Federal Trade Commission (FTC) ,
Invasion of Privacy ,
Online Safety for Children ,
Personally Identifiable Information ,
Settlement Agreements ,
Statutory Violations
The closely watched privacy and First Amendment battle between Clearview AI (“Clearview”) and the American Civil Liberties Union (“ACLU”) came to a close on May 9, 2022 as the parties announced a settlement and proposed...more
The Federal Government continues ramping up enforcement of data security requirements by deploying significant new enforcement theories and tools in support of cyber and data security controls required by federal law....more
3/22/2022
/ CafePress ,
Consumer Information ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Popular ,
Regulatory Violations ,
Security Standards ,
Settlement Agreements ,
Whistleblowers
Over a strong dissent from Justice Thomas, the Supreme Court in TransUnion LLC v. Ramirez on June 25, 2021 dramatically reorganized and narrowed the Article III landscape for constitutionally cognizable damage suits in...more
6/30/2021
/ Article III ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
Mergers & Acquisitions And Paycheck Protection Program: Proceed With Caution -
In Spring 2020, Congress adopted the CARES Act, which authorized $350 billion for the Paycheck Protection Program (“PPP”). With an additional...more
3/5/2021
/ Acquisition Agreements ,
C-Suite Executives ,
CARES Act ,
Coronavirus/COVID-19 ,
Cyber Insurance ,
D&O Insurance ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
Infectious Diseases ,
Merger Agreements ,
Paycheck Protection Program (PPP)
As we continue our series on steps business owners should take to mitigate the risk of reopening, it is clear from the guidance that has been issued by several states that effective screening and contact tracing are issues...more
5/15/2020
/ California Consumer Privacy Act (CCPA) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Privacy Concerns ,
Re-Opening Guidelines ,
Screening Procedures
On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”), making key changes to New York’s data breach notification and cybersecurity laws....more
7/30/2019
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
New Legislation ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
State and Local Government ,
State Data Breach Notification Statutes