Latest Publications


Data Breach Class Action Reinstated

Must plaintiffs allege actual identity theft from a data breach to avoid dismissal of their class action lawsuit? No, according to yesterday’s opinion from a three-judge panel of the United States Court of Appeals for the...more

Petya Global Ransomware Attack Shows Why Businesses Should Prepare for Loss or Unwanted Encryption of Key Data

What is it? This new variation of Petya (“Little Peter” in Russian) is more robust ransomware than last month’s North Korean WannaCry ransomware. It has no kill switch, and it encrypts entire hard drives, not just individual...more

WannaCry Global Ransomware Attack Shows Why Businesses Should Prepare for Loss or Unwanted Encryption of Key Data

“Oops, your files have been encrypted!” On Friday, May 12, 2017, employees around the world found this message on their computer screens. A massive cyberattack has used variants of the WannaCry ransomware program to infect...more

Sweeping Changes to the Missouri Human Rights Act – Back to the Mainstream

For more than a decade, employment discrimination plaintiffs in Missouri have benefited from a lower burden of proof than plaintiffs in federal court or other states. With no statutory cap on compensatory and punitive...more

New Electronic Reporting Rule for Workplace Injuries in Effect

OSHA’s new rule requiring employers to electronically submit data on workplace injuries and illnesses went into effect yesterday, December 1, 2016. Actual electronic submissions to OSHA, however, do not begin until July 2017....more

Federal District Judge Enters Preliminary Injunction Against Enforcement of DOL Overtime Rules

A federal District Judge in Texas today entered a preliminary injunction prohibiting the Department of Labor from enforcing its new overtime rules. The new rules, intended to take effect December 1, raise the minimum salary...more

No More “Safe Harbor” for the EU-US Transfer of Personal Data - Is Your Online Business Endangered?

What Happened? The highest court in the European Union, the EU Court of Justice, has just invalidated the EU-U.S. Safe Harbor mechanism. Companies can no longer rely on Safe Harbor certification to justify data transfers of...more

The Supreme Court’s Gay Marriage Decision - Potential Impact on the Workplace

In its recent landmark Obergefell decision, the United States Supreme Court held that same-sex couples have a constitutional right to marry in all states. Many employers will have to decide whether to continue benefits for...more

The Who and What of Net Neutrality in Two Minutes or Less

The Federal Communications Commission (FCC) recently voted 3-2 to treat the internet like a public utility, embracing the concept of “net neutrality.” Has the FCC struck a blow for consumer rights? The jury is still out....more

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