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Articles Posted in Litigation

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Illinois Expands Protection of Biometric Information – Who’s Next? Opening the gates to expensive class actions and “sue and settle” lawsuits

By Michael Gold and Bob Braun A new ruling by the Illinois Supreme Court could trigger expensive class action lawsuits and private litigation against businesses, even where plaintiffs do not allege actual injury. The case demands attention, not only from those doing business in Illinois, but throughout the nation. The…

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SEC Ramps Up Its Interest in Cryptocurrency Companies with Scores of Subpoenas

By David Ma and Robert Braun The Securities and Exchange Commission (SEC) could be on target to make 2018 the year of cryptocurrency regulation—or at least the start of it. In January, Jay Clayton, chair of the Securities and Exchange Commission, and J. Christopher Giancarlo, chair of the Commodity Futures…

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Cybersecurity Law: Back to Square One? – The FTC and LabMD

  Over the past several years, the Federal Trade Commission has emerged as the de facto national regulator of online security and privacy. While banking and health regulators hold sway over their specific industries, the FTC has used its authority, granted under Section 5 of the Federal Trade Commission Act…

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There’s a New (Cybersecurity) Sheriff in Town: FTC vs. Wyndham

On August 24, 2015, the Third Circuit United States Court of Appeals issued its ruling in Federal Trade Commission v. Wyndham Worldwide Corporation. The case was highly anticipated by the data security community generally for its expected ruling on the authority of the FTC to regulate data security standards. Although…

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Cyber Security: The long arm of the law gets a little longer

Multinational companies often face challenges in enforcing claims against their employees and agents located in foreign jurisdictions. In December 2012, a federal appeals court decision — MacDermid, Inc. v. Deiter, No. 11-5388-cv (2nd Cir. Dec. 26, 2012) — made enforcement a bit easier when a company goes after employees who…

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The Bottom Line: Losing the Expectation of Privacy Bit by Bit, Byte by Byte

Published in The Bottom Line, the State Bar of California’s law Practice Management and Technology Section, as well as Hospitality Net, Hotel Online and ehotelier.com. Download a PDF of the article: Losing the expectation of privacy bit by bit, byte by byte   For a generation that has become exceedingly facile…

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CLIENT ALERT: California Supreme Court Rules That ZIP Codes Are Personal Identification Information

On February 10, 2011, the California Supreme Court held in Pineda v. Williams Sonoma that ZIP codes are considered “personal identification information” under the Song-Beverly Credit Card Act, California Civil Code § 1747 et seq. (the “Act”). As previously discussed in our January and March 2009 client alerts, the Act…

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