In a highly anticipated decision issued late last week, the D.C. Circuit rejected key components of the Federal Communications Commission’s (“FCC”) July 10, 2015 Declaratory Ruling on the Telephone Consumer Protection Act...more
3/22/2018
/ ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Declaratory Rulings ,
FCC ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
Safe Harbors ,
Smartphones ,
TCPA
On February 26, 2018, a California federal court denied Facebook’s motion to dismiss claims under Illinois’s Biometric Information Privacy Act, finding the plaintiff had Article-III standing despite the absence of tangible...more
Defense counsel are generally trained to remove cases to federal court, and to then seek dismissal of those cases, wherever possible. But those strategies can conflict where a defendant’s motion to dismiss argues that...more
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
On December 15, 2017, the Ninth Circuit affirmed the dismissal of borrowers’ statutory claims against their loan servicer because the borrowers failed to give the servicer notice and the opportunity to take corrective action...more
On November 21, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case under Illinois’s Biometric Information Privacy Act (“BIPA”), finding that none of the alleged violations created a...more
Dozens of employers have been caught off guard by the rash of class-action lawsuits recently filed in Illinois alleging violations of Illinois’s Biometric Information Privacy Act (BIPA). But while Illinois was the first, it...more
11/27/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
Popular
The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more
The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more
In Bristol-Myers Squibb Co. v. Sup. Ct. of Calif., 2017 WL 2621322 (2017), the U.S. Supreme Court continued its push against forum shopping by holding that California state courts do not have specific personal jurisdiction...more
In Microsoft Corp. v. Baker, 2017 WL 2507341, the U.S. Supreme Court unanimously held that federal circuit courts lack jurisdiction over appeals from class-certification denials (or any other interlocutory decision) taken...more
The U.S. Supreme Court in Henson v. Santander Consumer USA, Inc., 2017 WL 2507342, ruled that purchasing and then collecting a defaulted debt does not, standing alone, make an entity a “debt collector” as defined by the Fair...more
The U.S. Supreme Court in BNSF Railway Co. v. Tyrrell, 2017 WL 2322834 (2017) made it harder for plaintiffs to sue in states where their alleged injury did not occur by reversing the Montana Supreme Court’s attempt to assert...more
The U.S. Supreme Court in Midland Funding, LLC, v. Johnson, 581 U.S. ___, 2017 WL 2039159 (2017) ruled that filing a bankruptcy proof of claim on time-barred debt does not violate the Fair Debt Collection Practices Act...more
The U.S. Supreme Court in Universal Health Services v. U.S. ex rel. Escobar, 2016 WL 3317565 (June 16, 2016) unanimously endorsed the so-called “implied certification” theory of False Claims Act liability, under which a...more
In Spokeo v. Robins, the U.S. Supreme Court (6-2) reversed the Ninth Circuit’s holding that an alleged violation of the Fair Credit Reporting Act was sufficient by itself to create a case or controversy required for a...more
The Ninth Circuit has answered questions left open by the U.S. Supreme Court’s recent Campbell-Ewald v. Gomez decision by finding a putative class action was not moot even where the defendant deposited the offered funds into...more
The U.S. Supreme Court largely avoided important class-certification issues and resolved Tyson Foods, Inc. v. Bouaphakeo on narrow grounds. 2016 WL 1092414 (Mar. 22, 2016). The Court affirmed a classwide jury verdict for...more
3/24/2016
/ Admissible Evidence ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Doffing ,
Donning ,
Fair Labor Standards Act (FLSA) ,
SCOTUS ,
Statistical Sampling ,
Tyson Foods v Bouaphakeo ,
Unpaid Overtime ,
Wage and Hour
On November 18, 2015, the U.S. Court of Appeals for the 7th Circuit held that consumers who authorized defendants to share their personally-identifiable information (PII) with third parties were not injured when defendants...more