Blogs & Social Media Sites
On Friday, the Supreme Court came out with its long awaited decision in Spokeo, Inc. v. Robins. In a nutshell, the Court really decided little: it vacated the previous 9th Circuit decision and remanded the case back to that court for further consideration. In some quarters, that would be called a “punt.”
Nevertheless, perhaps the result can be summarized at best as a tie for defendants – the Court was clear that the mere allegation of the violation of a statute that contains a monetary penalty would not support standing. But at worst for defendants the decision clearly leaves the door open for claims that involve only a statutory violation and penalty can proceed where there is some sort of undefined link between the penalty and some tangible or intangible harm. Read More ›
In March, the Supreme Court decided Tyson Foods v. Bouaphakeo,a much watched case involving the propriety of class certification.
Since the landmark decision in Wal-Mart v. Dukes, lower courts have found ways of restricting the applicability of Dukes and Comcast v. Behrend in ways to find certification despite the apparent suggestion in Dukes that certification was limited and the notion of trial by formula was discredited. (See our October 2014 post.) Many commentators, including me, thought that Tyson would provide the opportunity for the Court to restrain these lower court interpretations. (See our blog posts of June 2015 and November 2015.) Read More ›
Supreme Court Issues Final Word on Whether Unaccepted Rule 68 Offers of Judgment Moot Putative Class Actions… Or Does It?
Yesterday, the Supreme Court issued a decision in which it held that an unaccepted Rule 68 offer of judgment made to the named plaintiff in a putative class action does not moot the case. In doing so, the Court seemingly put an end to what was a contentious class action issue—an issue that this blog has followed closely. Interestingly, however, the Court chose not to decide whether a Rule 68 offer could moot a case if accompanied by a payment in the amount of that offer. Read More ›
The Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
With the recent decision in Spokeo v. Robbins, bloggers and legal commentators have spent much time discussing FCRA. The Spokeo decision is one for all of us to watch closely, but a check of basic compliance issues is always in order. This article focuses on handling consumer disputes, following a surprising verdict. Read More ›
On May 5, 2016, the CFPB unveiled a proposed arbitration rule which would dramatically limit the contractual rights of financial institutions. Under the rule certain arbitration provisions would be unenforceable as bars to class actions against financial institutions. Read More ›
Tennessee has recently enacted some potentially far reaching changes to its data breach notification statutes. These changes could pose substantial burdens on businesses and professional organizations that do business in Tennessee and maintain personal information of Tennessee residents. Effective July 1, 2016, the Tennessee definition of what constitutes a “breach of the security of the system” that triggers notice includes not only the loss of unencrypted data but encrypted data as well (if that data includes personally identifiable information of Tennesseans). Tennessee is the first state in the country to eliminate a safe harbor from data breach notice obligations where the breach involves encrypted data. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
On July 14, the Second Circuit ordered a lower court to quash a government warrant demanding that Microsoft turn over a user’s emails that resided on servers located in Ireland. See Microsoft Corporation v. United States of America, No. 14-2985 (S.D.N.Y. July 14, 2016).
The dispute concerned emails stored by a user of Microsoft’s web-based email service, outlook.com, which the government believed would show that the user was involved in drug trafficking. A U.S. magistrate judge found probable cause and issued a warrant under Section 2703 of the Stored Communication Act (SCA). Although Microsoft produced certain non-content information stored on its United States servers in response to the warrant, it filed a motion to quash the warrant as it pertained to the user’s emails which were stored on Microsoft’s servers located in Dublin, Ireland. Read More ›
Nine months after the EU-U.S. Safe Harbor Framework for personal data was declared invalid by the EU Court of Justice, EU and U.S. officials announced the approval and adoption of the EU-U.S. Privacy Shield Framework. The Privacy Shield is a negotiated agreement that replaces the Safe Harbor Framework, and provides U.S. companies with a structure for establishing that their collection, use and transfer of personal data of EEA (European Economic Area) citizens is handled in a manner that provides adequate protection as required by EU data privacy laws. It addresses the key concerns voiced by EU officials and others: U.S. assurances concerning bulk data collection for government mass surveillance purposes; a right of redress in the U.S. for EU citizens and mechanisms for that redress; and a requirement for data retention. Read More ›
On June 23, 2016, the United Kingdom voted to withdraw as a member of the European Union. This British exit, or “Brexit,” will have far reaching implications and touch upon almost every aspect of European business over the coming years. While the full impact of Brexit on European intellectual property is uncertain and will be determined largely by the laws and regulations adopted in response to the UK’s withdrawal, IP holders should consider taking steps now to avoid lapses in rights during or after the transition. Read More ›
Social Media Sites