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James Brennan

Thanks are owed to SPB summer associate Gabby Martin for her contributions to this article.

Last month, a Florida federal jury found in favor of a credit reporting agency (“CRA”) in a trial centering on whether the CRA took “reasonable” steps to assure the accuracy of a consumer’s credit report after a consumer dispute.  The

Last week, a California federal court held that a plaintiff lacked Article III standing to bring a putative class action in federal court for violations of the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et. seq. As a result, the case was remanded back to the California state court where the plaintiff chose to file his complaint.

In Kamel v. Hibbett, Inc.No. 8:22-cv-01096-RGK-E, 2022 U.S. Dist. LEXIS 130753 (C.D. Cal. July 22, 2022), the plaintiff alleged that he made a purchase with his credit card at one of the defendants’ stores and received a receipt which contained ten digits of his credit card number. 

Continue Reading California Federal Court Grants Plaintiff’s Motion to Remand FACTA Class Action to State Court

2022 is not even halfway over, and the Securities and Exchange Commission (SEC) has already made it a banner year for the SEC’s efforts to shape cybersecurity policy.  This alert highlights this year’s cyber developments to date and the SEC’s likely future regulatory efforts in this space.

January: Chair Gensler Sets out Cyber Regulation Roadmap

Earlier this month, U.S. Securities and Exchange Commission (SEC) Chair Gary Gensler again described new cybersecurity regulations SEC staff are considering, this time in a speech before government organizations tasked with improving the security of financial sector infrastructure. In his remarks before a joint meeting of the Financial and Banking Information Infrastructure Committee (FBIIC)

As covered here at CPW, President Biden recently signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the “Act”).  While the Act presents a plethora of issues for litigators and compliance professionals to consider, CPW has identified five key points that businesses should know about the Act:

  1. Many Critical Ambiguities

Today, as predicted here at CPW, a divided SEC voted to propose new rules that would require public companies to provide current reports of their material cybersecurity incidents and periodic disclosures about their cybersecurity policies and procedures.  Just a month after the SEC’s cybersecurity proposal for advisers and funds, the new proposed rules

Hot on the heels of the SEC’s proposal last month of new cybersecurity regulations for investment advisers and funds, yesterday the SEC gave notice that it will meet to consider proposing regulatory amendments “regarding cybersecurity risk management, strategy, governance, and incident disclosure.”  Although the exact scope of the proposed amendments under consideration by the SEC

Following recent comments by the Chair of the Securities and Exchange Commission (SEC) on cybersecurity policy, this week a divided SEC proposed new rules related to cybersecurity for registered investment advisers (“advisers”), investment companies and business development companies (“funds”).  Citing the growing threat of malicious cyber actors, the SEC’s proposal emphasizes that cybersecurity incidents may

Last week, the Chair of the Securities and Exchange Commission (SEC) Gary Gensler discussed the SEC’s cybersecurity policy work and publicized ongoing SEC regulatory efforts that could affect public companies, SEC registrants, and financial sector service providers.  During his keynote address at the 2022 Securities Regulation Institute, Chair Gensler stressed the importance of cybersecurity to