Over the years there have been questions whether the term “cyber” is adequate in light of the exponential growth of privacy law. First, the term “cyber” tried to do too much when it was used to describe everything from large-scale… Continue Reading →
For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public. Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… Continue Reading →
The best strategy for data collectors to prepare a breach response plan may be to look at what others did right and wrong in response to a cyber incident. After reviewing a number of responses to large-scale data breaches, it… Continue Reading →
The Federal Rules of Civil Procedure allow a defendant to remove an action from state court to federal court as long as the federal court would have subject matter jurisdiction over the litigation in the first place. A federal court… Continue Reading →
The threshold question in data breach lawsuits has been whether a litigant has “standing” to bring a cause of action against the party that allegedly caused a breach. This hurdle for litigants rises out of Article III of the Constitution that… Continue Reading →
Last week, we analyzed Rivera v. Google Inc., 16 C 02714 (N.D. Ill 2016), a decision by the District Court for the Northern District of Illinois which examined the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)…. Continue Reading →
By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery. There is little question that social media evidence… Continue Reading →
On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →
To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →
This article originally appeared on November 3, 2016 in the Horton Group’s newsletter. The term “Internet of Things” (IoT) refers to networks of “smart” devices (including appliances, vehicles, watches and toys) that collect and exchange data over the internet. In… Continue Reading →
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