The Importance Of Cybersecurity During A Merger & Acquisition Transaction
Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more
A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more
The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more
On April 19, 2022, Judge James R. Knepp II of the U.S. District Court for the Northern District of Ohio approved consent judgments against biotechnology firm Rising Biosciences, Inc. and its CEO Arthur Hall for violations of...more
In what appears to be a growing trend, another federal district court has dismissed a data breach case for lack of standing. In Springmeyer et al. v. Marriott International, Inc., 2021 WL 809894 (D. Md.), Plaintiffs, former...more
The question of standing has proven to be a tricky one in data breach litigation. Last week a federal district court in Maryland rejected a proposed class action brought by Marriott guests related to a data breach suffered by...more
After the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, a surge of class action lawsuits predicated on alleged CCPA violations hit businesses. Because of the act’s novelty, it was unclear whether...more
CYBERSECURITY - NYDFS - Cybersecurity Certificate of Compliance Due April 15, 2021 The New York Department of Financial Services (DFS), which regulates certain covered entities and licensed persons in the financial...more
Marriott recently won dismissal of a proposed class action data breach lawsuit alleging several violations, including a violation of the California Consumer Privacy Act (CCPA). The case, Arifur Rahman v. Marriott...more
On February 21, the District of Maryland held that consumers had standing to assert claims arising from the historic data breach that hit Marriott in 2018, but the court dismissed the plaintiffs’ claim for negligence under...more
The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more
States Consider Privacy and Data Security Legislation - It’s that time of year again, when we see a flood of legislative activity at the state level on privacy and data security laws. A couple of recent examples are below....more
The Ninth Circuit Court of Appeals recently underscored that removal practice under the Class Action Fairness Act (CAFA) differs in some important respects from traditional removal practice in non-CAFA cases. It did so...more
In this month's edition of our Privacy & Cybersecurity Update, we examine five amendments to the California Consumer Privacy Act, the EU Court of Justice's rulings on the "Right to Be Forgotten" and what qualifies as a joint...more
That massive thud? That would be the other shoe dropping in the form of Chinese counter tariffs on another $60 billion in US goods in response to the White House’s trade moves last week....more
Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more
On November 30, 2018 Marriott International announced that hackers gained “unauthorized access” to the Starwood brand reservation database, potentially compromising the accounts of approximately 500 million guests. According...more
Travel Agency Hit With TCPA Class Action Over Cuba Texts - Law 360 - Cybersecurity & Privacy on Aug 10, 2018 (subscription required) An online travel agency that arranges trips to Cuba got slapped with a proposed class...more
This week’s OTA & Travel Distribution Update for the week ending May 18, 2018, is below. This week’s Update features our fourth installment in our 6-part series on alleged anti-trust abuses by hoteliers arising from their...more
Just when you thought it was “safe to go back in the water,” a new flurry of class action claims based on asserted deficient COBRA notices is drawing the interest of class action plaintiff law firms....more
Do you have a top-hat plan? That’s a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees...more