On March 1, 2024, a U.S. District Judge in Alabama issued a judgment holding that the Corporate Transparency Act (CTA) is unconstitutional because it exceeds the Constitution’s limits on Congress’ power. Further, FinCEN is...more
3/4/2024
/ Anti-Corruption ,
Anti-Money Laundering ,
Beneficial Owner ,
Congressional Authority ,
Constitutional Challenges ,
Corporate Transparency Act ,
Financial Crimes ,
FinCEN ,
Motion To Enjoin ,
National Security ,
Regulatory Requirements ,
Reporting Requirements ,
U.S. Treasury
The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...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
3/14/2023
/ Article III ,
Class Action ,
Class Members ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FRCP 23 ,
Jurisdiction ,
Motion to Dismiss ,
Personal Data ,
Personally Identifiable Information ,
Standing
In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more
2/20/2023
/ Accrual Requirements ,
Biometric Information ,
Biometric Information Privacy Act ,
Damages ,
Data Collection ,
Data Privacy ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Litigation ,
Facial Recognition Technology ,
Fingerprints ,
IL Supreme Court ,
Personal Data ,
Personally Identifiable Information
Statutory schemes that create per-violation damage minimums can lead to devastating consequences when assessed in the aggregate. Where evidence of actual damages is lacking, judgments may be disproportionate to the harm and...more
On February 3, 2022, in a much-anticipated opinion, the Illinois Supreme Court held that the Illinois Worker’s Compensation Act does not bar claims against employers under the Illinois Biometric Information Privacy Act...more
The Federal Trade Commission (“FTC”) recently announced an updated rule to strengthen data security safeguards for financial institutions. 16 C.F.R. § 314. As a result of increasing cyberattacks and data breaches, the FTC...more
On June 25, 2021, the Supreme Court issued a landmark decision in TransUnion v. Ramirez. The Court ruled that class members whose inaccurate credit reports were not shared with third parties lacked standing to sue TransUnion...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
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
In a highly anticipated case before Illinois' highest court, the justices recently found an insurance carrier’s business liability policy requires it to defend a lawsuit alleging violations of the Illinois Biometric...more
In 2020, plaintiffs filed a series of class action lawsuits alleging that a number of digital tokens were actually “securities” and, thus, were illegally issued or traded on exchanges. Accusing a number of issuers and...more
In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under...more
Last week, the U.S. Supreme Court heard oral argument in TransUnion v. Ramirez, which poses significant questions about Article III standing and Rule 23’s typicality requirement for class certification. ...more
Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state...more
Yesterday, the U.S. Supreme Court heard oral argument in Facebook v. Duguid—a significant case potentially limiting the reach of the Telephone Consumer Protection Act (“TCPA”). Facebook will resolve a circuit split over what...more
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
While most of the world was locked down, the preverbal shoe (litigation) finally dropped on Crypto companies that raised money through the sale of digital assets which are alleged to be illegal, unregistered securities...more
The Seventh Circuit and District of Columbia Circuit Courts of Appeals recently considered an issue that has been debated by class action lawyers on both sides of the “v” for several years: whether the Supreme Court’s...more
Settlements and verdicts of millions of dollars (often more) are frequent under the Telephone Consumer Protection Act (“TCPA”). Statutory damages of $500 - $1500 per violation can quickly add up to significant liability. One...more
The Eleventh Circuit’s recent decision in Salcedo v. Hanna, brings good news to the Telephone Consumer Protection Act (“TCPA”) defense bar by breathing new life into challenges objecting to statutory injury in TCPA class...more
10/1/2019
/ Article III ,
Class Action ,
Injury-in-Fact ,
Interlocutory Appeals ,
Invasion of Privacy ,
Nuisance ,
Standing ,
TCPA ,
Telecommunications ,
Text Messages ,
Tort
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
8/28/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
FRCP 23(f) ,
Personal Data ,
Personally Identifiable Information ,
Social Media ,
Standing
Class actions bring more complexity to litigating and settling cases, and it can increase substantially when the claims arise from multiple state consumer protection laws. In these cases, determining the applicable law(s) to...more
In relevant part, the Telephone Consumer Protection Act (“TCPA) prohibits a caller from making any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an...more
The federal rules of civil procedure require that class action settlements be “fair, reasonable, and adequate.” In Frank v. Gaos, No. 17-961, the U.S. Supreme Court was expected to decide whether a district court properly...more
3/22/2019
/ Class Action ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23(e) ,
Google ,
Remand ,
SCOTUS ,
Settlement ,
Spokeo v Robins ,
Standing ,
Stored Communications Act ,
Vacated
A recent court case from Missouri’s Eastern District Court of Appeals provides insight on the intersection of declaratory judgments, legal damages, and equitable relief, particularly in disputes over complicated business...more
7/16/2018
/ Appeals ,
Breach of Contract ,
Business Litigation ,
Contract Disputes ,
Contract Terms ,
Damages ,
Declaratory Judgments ,
Equitable Relief ,
Purchase Agreement ,
Selling a Business ,
Specific Performance ,
Stock Purchase Agreement