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

by Ropes & Gray LLP on

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

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Kwame Raoul and Republican Erika Harold Win Illinois AG Primary Races- Democratic State Senator Kwame Raoul defeated seven opponents, including former Illinois Governor Pat Quinn, to win the...more

Ninth Circuit Gives Leg Up To Shoe Purchasers’ Data Breach Suit

by Carlton Fields on

On March 8, a Ninth Circuit panel held that fear of identity theft in the wake of a data breach satisfies the standing requirements of Article III of the United States Constitution....more

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

by Hogan Lovells on

The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements, Part II

What would companies need to do to comply with the law? The Stop Hacks and Improve Electronic Data Security (SHIELD) Act imposes requirements in two areas: cybersecurity and data breach notification. The cybersecurity...more

About face: court finds biometric information creates unique privacy rights

Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more

Yahoo Enters $80 Million Securities Class Action Settlement After Data Breach

by Carlton Fields on

On March 2, Yahoo, Inc. (“Yahoo”) filed a proposed settlement in In re Yahoo Inc. Securities Litigation, which was filed in U.S. District Court in San Francisco. ...more

Data Breach Class Action Dismissal Shows Two Grounds for Dismissing Data Breach Cases

by Faegre Baker Daniels on

On March 7, 2018, the United States District Court for the District of Minnesota dismissed a putative data breach class action against SuperValu, Inc., because the plaintiffs did not have standing and could not state claims...more

Lauri Love – How high has the forum bar really been set?

by White & Case LLP on

In what has been hailed as a landmark decision, the High Court recently refused to allow the extradition of UK citizen Lauri Love to the USA for offences of cyber theft, activating the forum bar for the first time since its...more

Appellate Court Finds Risk of Identity Theft Sufficient to Establish Standing, Circuit Split Worsens

by Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements

In November 2017, New York Attorney General Eric Schneiderman introduced the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (the “Act”) in the state’s Legislature. Companies – big and small – that collect...more

Guest Post – Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private...

by Reed Smith on

We have another guest post today, from Reed Smith‘s own Erica Yen. This one is about a recent, interesting decision concerning the interaction between the Health Insurance Portability and Accountability Act (“HIPAA”) and the...more

Recent Developments In Securities Class Actions And Companies' Disclosure Obligations Regarding Cybersecurity Risks And Events

by Carlton Fields on

Public companies experiencing data security incidents have been largely successful in defeating derivative actions and securities class actions related to those cyber incidents....more

ALSP – Not Just Your Daddy’s LPO: eDiscovery Trends

by CloudNine on

...One of the biggest topics of discussion at the recent Legaltech® conference in New York was Alternative Legal Service Providers or ALSPs. I was interested in the topic really because I was confused as to what the term ALSP...more

California Facebook Decision At Odds With Illinois Courts

by BakerHostetler on

On February 26, 2018, the United States District Court for the Northern District of California denied Facebook, Inc.’s motion to dismiss the plaintiffs’ consolidated class action complaint for failure to allege a concrete...more

According to the IGI, Information Governance Continues To Gain Traction: Information Governance Trends

by CloudNine on

Last week, the Information Governance Initiative (IGI) released Volume III of their State of Information Governance Report – the third (annual) edition of the Report, which is based on “extensive” surveying of Information...more

CGL Coverage for Cyber Data Breaches: Court Finds No Coverage unless the Policyholder Itself Publishes the Private Information

by Blank Rome LLP on

As cybersecurity incidents continue to mount and as the issue of data security becomes increasingly important and a source of potential liability, companies should consider whether their standard commercial general liability...more

Welcome to the Aatrix: Facts, Lots of Facts, Available for Eligibility Analyses?

by K&L Gates LLP on

Two recent Federal Circuit opinions suggest that factual questions and evidence may influence eligibility analyses under 35 U.S.C. § 101. These opinions may significantly change how both litigators and prosecutors handle §...more

Facebook Loses Second Attempt to Dismiss Biometric Data Class Action

Last week, a federal district judge in California shot down Facebook, Inc.’s second attempt to dismiss a putative class action alleging that its facial recognition software violates the Illinois Biometric Privacy Act (BIPA)....more

Spokeo Fails Facebook: Privacy Violation Held to Constitute Concrete Harm Under Illinois Biometric Information Privacy Act

by K&L Gates LLP on

On Monday, February 26, 2018, the United States District Court for the Northern District of California denied defendant Facebook’s motion to dismiss In re Facebook Biometric Information Privacy Litigation, finding plaintiffs...more

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

What Controls: The Location of the Data or the Location of the Searches for the Data?

by BakerHostetler on

The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants....more

U.S. V. Microsoft: Is Your Data And Privacy At Risk?

by Husch Blackwell LLP on

On February 27, 2018, the Supreme Court heard arguments in United States v. Microsoft Corp., a case that will decide whether a digital communications provider has to comply with a U.S. search warrant for user data that is...more

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v....more

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