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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Fenwick & West LLP

Biometric Data Privacy Act Class Action Dismissed for Lack of Actual Injury

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A federal district court in the Northern District of Illinois dismissed a putative class action alleging violations of the Illinois Biometric Information Privacy Act — known as the BIPA — holding that the allegation of a mere...more

Locke Lord LLP

Illinois Appellate Court Delivers Potentially Fatal Blow To “No-Injury” Lawsuits Under The Biometric Information Privacy Act

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On December 21, 2017, an Illinois appellate court issued an opinion that will significantly slow down the onslaught of putative class action lawsuits filed under Illinois’s Biometric Information Privacy Act (“BIPA”). In...more

Patterson Belknap Webb & Tyler LLP

LabMD Appeal Has Privacy World Waiting

It is the case that could define the scope of the U.S. Federal Trade Commission’s authority in data security. The U.S. Court of Appeals for the Eleventh Circuit heard argument six months ago in LabMD, Inc. v. Federal Trade...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Mintz - Privacy & Cybersecurity Viewpoints

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

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On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - October 2016"

In this edition of our Privacy & Cybersecurity Update, we take a look at the FCC's new rules for broadband privacy, the FTC's new playbook for data breach response and notification, the NHTSA's voluntary guidance for...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - July 2016"

In this edition of our Privacy & Cybersecurity Update, we discuss the revised Privacy Shield and what companies should be doing to prepare for the new program, the FTC's reinstatement of its LabMD case, the European...more

Fenwick & West LLP

FTC Holds That Disclosure of Sensitive Medical Information Due to Lax Security Violates the FTC Act

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Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more

Carlton Fields

Companies That Collect Sensitive Consumer Data Should Note the FTC’s LabMD Ruling

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The FTC has been a leader in enforcing cybersecurity issues in recent years, and just last week it issued a highly-anticipated decision on its authority to regulate cybersecurity as a form of unfair consumer practice under...more

Faegre Drinker Biddle & Reath LLP

Next Supreme Court Term Promises Significant Class Action Ruling

Next term, the U.S. Supreme Court will decide whether Congress has the power to grant jurisdiction to plaintiffs who have suffered no concrete harm by authorizing them to sue based solely on violations of federal statutes....more

Snell & Wilmer

Privacy Settings Won’t Keep Social Media Posts Out Of Court

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On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

Carlton Fields

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

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Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

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