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Pending Federal Cases Could Have Implications for Future Litigation under the Illinois Biometric Information Privacy Act

In two recent, related decisions, U.S. District Judge James Donato from the Northern District of California allowed plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act...more

Private Rights of Action under Illinois Biometric Privacy Statute Sharply Limited

On December 21, 2017, a three-judge panel of the Second District Appellate Court of Illinois significantly narrowed the ability of plaintiffs to bring a private right of action under Illinois’ Biometric Information Privacy...more

Recent Decision Highlights Viability of Factual Challenges to Standing in Data Breach Cases

Private civil actions against companies that have suffered data security breaches raise a panoply of issues, but none more prevalent or decisive than those relating to injury and damages. This is because most plaintiffs in...more

Federal Trade Commission Presses Forward with Data Security Enforcement in Settlement with Uber

On August 15, Uber Technologies, Inc. (“Uber”) reached an agreement with the Federal Trade Commission (“FTC”) to settle allegations that the company deceived consumers by misrepresenting its security and employee access...more

New York Supreme Court Rules that Merchant Lacks Standing to Sue MasterCard over Data Security Breach Assessments; All Merchants...

On May 5, the Commercial Division of the New York Supreme Court for Westchester County dismissed the complaint in Jetro Holdings, LLC v. MasterCard International, Inc., in which Jetro, a leading food service wholesaler, had...more

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

Online Retailer Zappos.com Reaches Settlement with Nine Attorneys General Over Data Security Breach

Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24...more

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