Jeffrey Johnston

Vinson & Elkins LLP

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Burgers and Biometrics: The Illinois Supreme Court Permits Up to $17 Billion in Damages for White Castle’s Privacy Violations

The Supreme Court of Illinois recently held that use of a fingerprint system by White Castle, Inc. (“White Castle”) to authenticate employees, without the consent of the employees, entailed multiple violations of the Illinois...more

3/6/2023 / Biometric Information , Biometric Information Privacy Act , Consent , Data Privacy , Facial Recognition Technology , Fingerprints , Personally Identifiable Information , SCOTUS

Epic Fail: Fortnite Creator to Pay $520 Million FTC Settlement

Epic Games, Inc. (“Epic”) agreed to pay a combined $520 million in two “record-breaking settlements” on Monday. The settlements resolve alleged violations of both the Federal Trade Commission Act (the “FTC Act”) and the...more

12/23/2022 / COPPA , Data Collection , Federal Trade Commission (FTC) , FTC Act , Minors , Parental Consent , Personally Identifiable Information

Identity Theft is Not a Joke, Jim! — Third Circuit Finds Standing to Sue for Employee Data Breach

The United States Court of Appeals for the Third Circuit recently held that a plaintiff had standing to sue her former employer for a data breach that exposed her personal information to the “Dark Web” because she...more

10/11/2022 / Dark Web , Data Breach , Employer Liability Issues , Future Harm , Hackers , Identity Theft , Negligence , Personally Identifiable Information , Phishing Scams , Standing

The SEC Wants You to Take Out the Trash – Securely

In a recent Securities and Exchange Commission (“SEC”) enforcement action, the SEC concluded that a registered broker-dealer and investment adviser (the “Firm”) violated Rule 30 of Regulation S-P by failing to adopt...more

9/23/2022 / Broker-Dealer , Cybersecurity , Enforcement Actions , Personally Identifiable Information , Policies and Procedures , Regulation S-P , Securities and Exchange Commission (SEC)

Beyond Materiality: Comparing The SEC’s Proposed Data Breach Notification Rules with Evolving State Notification Laws

On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced Proposed Rules on cybersecurity risk management, strategy, governance, and incident disclosure (“Proposed Rules”) to address concerns of increasing...more

5/25/2022 / Breach Notification Rule , Corporate Counsel , Cybersecurity , Data Breach , Encryption , Personally Identifiable Information , Proposed Rules , Securities and Exchange Commission (SEC)

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