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Privacy Science, Computers & Technology Civil Remedies

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

Who Is Watching The Watchmen?: CFTC Penalizes Registrant For Outsourced IT Security Lapses

by Bracewell LLP on

On February 12, 2018, the Commodity Futures Trading Commission (CFTC) settled charges against AMP Global Clearing LLC (AMP), a futures commission merchant (FCM), for the company’s failure to adequately supervise one of its IT...more

The High Cost of Data Breaches: Six Examples From 2017

by Revision Legal on

Whether you are a small startup or a big company with a long and storied history, a data breach can be a legal and financial nightmare. There were over 850 cyberattacks and data breaches in 2017 alone, with the number and...more

Minimizing Liability For Business Associate Misconduct

by Holland & Hart LLP on

Healthcare providers, health plans and healthcare clearinghouses (“covered entities”) and business associates are subject to significant penalties for violations of the HIPAA Privacy, Security and Breach Notification Rules....more

Increased FTC Enforcement Highlights Need for Cyber-Regulatory Coverage

Regulatory components to cyber insurance policies are becoming increasingly valuable as data-breach enforcement continues to surge. The Federal Trade Commission (FTC or Commission), the nation’s primary privacy and data...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

CGL Policies And Data Breaches: No Publication, No Coverage

by Carlton Fields on

As cyber hacking and phishing schemes become more common, one issue that is often raised is whether, and to what extent, damages resulting from these incidents fall within the coverage afforded under a standard commercial...more

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

Third Circuit’s Spokeo Decision Applied by Alabama District Court

The Third Circuit’s standing opinion in Sussino v. Work Out World Inc. might be having a ripple effect at the district court level, most recently in an opinion issued in a putative Telephone Consumer Protection Act (TCPA)...more

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more

State and Local Governments Move Swiftly to Sue Equifax.

by Ballard Spahr LLP on

The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more

Deceptive Business Practices & The FTC Act

by Revision Legal on

Businesses that engage in deceptive and unfair internet practices are subject to injunctions and large monetary damage awards under the Federal Trade Commission Act (“FTC Act”). Just as importantly, the owners and principals...more

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Cy Pres Abuse Poster Child

by Reed Smith on

We’ve never liked the “cy pres” concept in the context of class actions. We opposed it (not terribly successfully) when the ALI was considering it. We believe that taking money supposedly representing “damages” owed to class...more

Privacy & Cybersecurity Update - August 2017

Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more

The Rise of Biometric Lawsuits in Illinois

by Vedder Price on

In the past few weeks, five putative class action lawsuits have been filed under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et seq., targeting defendants in the health care, senior living,...more

Did Data Scraping Just Get A Tiny Bit Safer?

by Dickinson Wright on

Is it okay to scrape data from another website? This is a frequently asked question that almost always leads to an ambiguous and equivocal answer. Legal practitioners are quick to point out the risks of civil and criminal...more

FCC Extends TCPA Liability to Technology Platform Provider

by Hogan Lovells on

The U.S. Federal Communications Commission has adopted a Forfeiture Order (“Order”) imposing a nearly $2.9 million penalty against Dialing Services, LLC (“Dialing Services”) for making prerecorded voice calls to wireless...more

Yet another Target settlement highlights data breach costs

by Thompson Coburn LLP on

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the...more

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

by Holland & Knight LLP on

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No....more

A Federal Court in Kentucky Shoots Down Drone Airspace Case

The Western District of Kentucky recently granted a motion to dismiss for lack of subject matter jurisdiction, determining that there is no federal question jurisdiction when a claim is brought for trespass to chattels and...more

California Data Breach Notification Law

by Revision Legal on

California law takes the privacy of its residents seriously. Privacy is an inalienable right guaranteed to California residents by the California Constitution. It was the first state to enact laws protecting the rights of...more

FCC Stay of Broadband Privacy Rules Foreshadows Deregulatory Measures

by Perkins Coie on

As anticipated, the Republican members of the Federal Communications Commission are taking steps to pare down the 2016 Broadband Privacy Order now that they are in the majority. The FCC has released an order staying the data...more

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