Not long ago, data collectors could feel secure in the fact that plaintiffs had a significant hurdle to establish standing to bring a lawsuit related to a data breach. However, on November 21, 2018, the Pennsylvania Supreme Court issued its… Continue Reading →
The March 26, 2018 decision in Hopper v. Schletter Inc., 17-cv-01, 2018 WL 1472485 (W.D. North Carolina 2018) leaves no question that courts are now prepared to hold employers liable if they disclose their employees’ information by mistake. And, if… Continue Reading →
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 →
Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… 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 →
As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →
Toymakers have recently received more than their share of scrutiny concerning the collection, storage and breaches of data belonging to children. Cases involving this data move past questions of whether a data breach was avoidable and, instead, ask whether certain data… Continue Reading →
Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades. One recent example was seen on June 27, 2017, when… Continue Reading →
This article originally appeared in Advisen’s Front Page News, Cyber Edition, on March 16, 2017. Over the last few months, there have been a number of news stories concerning allegations that the Russians may have hacked US political parties and… Continue Reading →
Over the last few weeks, the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.) has presented a number of unique questions for courts. On February 14, 2017, we addressed Vigil v. Take-Two Interactive Software, Inc., where the U.S. District Court… Continue Reading →
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