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.
It’s EZ as 1, 2, 3 . . . Disclosure, limited liability and periodic statements required for prepaid accounts under the CFPB’s new Prepaid Rule amending Regulations E and Z
The Consumer Financial Protection Bureau (CFPB) recently issued a final rule, the “Prepaid Rule,” amending Regulations E and Z. The Prepaid Rule affects issuers of prepaid personal, household or family accounts by expanding the applicability of Regulations E and Z as of October 1, 2017. It brings “prepaid accounts” into Regulation E’s definition of “account” and broadens the reach of Regulation Z’s overdraft credit features. While this rule applies to digital wallets and P2P payments, the CFPB did not extend this rule to virtual currency. Read More ›
It seems like everyone is discussing “blockchain,” but few have taken the time to really define what blockchain is (and is not). In particular, the federal government has not reached a consensus on what the term should mean. Recently a group of blockchain experts from academia, private practice, and government relations sat down together to do just that—define “blockchain” – at the Blockchain Definition on Capitol Hill event, hosted by MIT Media Lab, Congressman David Schweikert, the Chamber of Digital Commerce, and the DC Blockchain Center. This article shares one definition which was submitted for consideration at the event. Read More ›
Are Prices Free Speech? The Supreme Court is set to weigh in on whether merchant surcharges are protected as free speech
The Supreme Court recently agreed to review a case from the Second Circuit Court of Appeals holding that New York’s anti-surcharge provision was constitutional. Similar cases–with differing outcomes–have been heard in the Fifth and Eleventh Circuits, as well as a District Court in the Ninth Circuit. The issue is this: in each of the states at issue, statutes prohibit “surcharges” but permit discounts to cash purchasers, whether explicitly (California and Florida) or by implication (New York and Texas). For example: 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 ›
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