Since 2014, the Department of Homeland Security (“DHS”) has been conducting tests on U.S. companies as part of a program aimed at decreasing the United States’ overall susceptibility to cyber threats and impacts.
This program is operated by the National Cybersecurity Assessment and Technical Services (“NCATS”) team,
Former FBI Director Robert Mueller stated in 2012, “[T]here are only two types of companies: those that have been hacked and those that will be.” Since then, many diverse companies (and even the federal government) have suffered this fate. Indeed, no company or entity appears immune to the potential reputational and financial risks that follow
On November 9, 2015, Terria Harris filed an Amended Complaint against Home Depot U.S.A., Inc. in a Fair Credit Reporting Act (“FCRA”) background check class action lawsuit. In this complaint, she alleged that Home Depot violated the FCRA’s background check disclosure requirement because the disclosure she signed was allegedly “embedded with extraneous information.” As a
On January 15, the United States Supreme Court granted a writ of certiorari in the matter of Baker v. Microsoft Corp. on the issue of whether plaintiffs may voluntarily dismiss their suit after class certification is denied as a procedural tactic to guarantee appellate review of an unfavorable class certification decision.
Rule 23(f) allows a
On January 20, 2016, the United States Supreme Court issued an opinion that addresses a narrow procedural point with major implications for legal risks for companies under the Telephone Consumer Protection Act (TCPA).
Campbell-Ewald Co. v. Gomez addresses whether a class action lawsuit under the TCPA can continue after the defendant makes the plaintiff an
On January 15, the Federal Communications Commission defended its controversial July 10, 2015 Order (the “Order”) expansively interpreting the Telephone Consumer Protection Act (“TCPA”) in a 110-page brief filed in ACA International et al. v. FCC et al., where several consolidated challenges to the Order by businesses and trade groups are being heard in
On January 7, the District Court for the District of Minnesota tossed a putative class action against SuperValu, Inc., finding that the plaintiffs’ claims of possible future harm were too speculative to satisfy Article III standing requirements.
In this multi-district litigation, sixteen named plaintiffs alleged they were harmed by two 2014 data breaches
On December 11, 2015, the United States Department of Justice filed an intervenor’s brief in support of the constitutionality of the “emergency calls exception” in the Telephone Consumer Protection Act (“TCPA”), a federal statute regulating the usage of automatic telephone dialer systems. The issue embroils the government in a consumer dispute with Facebook, which is
“The era of big data has arrived,” begins the Federal Trade Commission’s report released on January 6, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues.” The report demonstrates that the FTC and industry will continue to draw lines on the use of data analytics into 2016.
The phrase “big data,” according
Last Friday, the U.S. House of Representatives passed a bill that would heighten the standards for obtaining class certification by requiring extra scrutiny as to the continuity of the damages claimed by the class representative and the putative class members. Lawmakers voted 211-188 to pass H.R. 1927, the Fairness in Class Action Litigation and