It has been a year for the record books for data privacy litigation (and we are only into Q2-who knows what Q3 and Q4 will bring!) CPW has been tracking significant developments in this area of the law—including in regards to the California Consumer Privacy Act (“CCPA”). While the statute has been in effect for
As you know at CPW, we’re all about covering developments in data privacy litigation. Florida is one of the states currently contemplating new privacy legislation with a broad private right of action for consumers (check out our “final four” coverage discussing it here and an earlier overview of the bills here). Well, this week
In a recent Driver’s Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721, et seq. case, a federal court in North Carolina denied plaintiffs’ motion for relief after the Court entered summary judgment in favor of several law office defendants who sent advertisements marketing legal services.
In Hatch v. Demayo, 2021 U.S. Dist. LEXIS 55601
After advancing steadily in their respective legislatures the first few months of 2021, the Oklahoma Computer Data Privacy Act has seemingly died (at least for the time being), and the Washington Privacy Act may run into similar roadblocks it faced in prior years. CPW’s Kyle Fath covers this development and its broader implications in a
A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent harm. In evaluating whether an alleged harm arising from a data breach is actual or imminent, New York courts apply a five-factor balancing test. Under
Today the CPW team expanded with a three-lawyer, bi-coastal team from BakerHostetler, based in the firm’s Los Angeles, New York and Miami offices. Their arrival comes on the heel of the firm welcoming Alan L. Friel as Deputy Chair of the Data Practice from BakerHostetler.
The new team comprises: counsel Kyle R. Fath (New York);
Privacy at the state level can get messy and confusing—particularly in the current moment with the record number of proposed bills under consideration. So let’s face it: it is great to read about all those proposed bills but what US privacy professionals really want to know is which bills will pass and which bills will
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
In Hood v. Action Logistix, LLC, 2021 U.S. Dist. LEXIS 569974, the Eastern District of Missouri considered everyone’s favorite FCRA issue: standing for procedural violations! The plaintiff applied for a job with defendant, which ran a background check on the plaintiff after extending a tentative offer of employment. Following receipt of the background check,
On March 4, the Oklahoma Computer Data Privacy Act (HB 1602) passed the state House of Representatives by a vote of 85-11. If enacted in its current form, the bill would take effect on January 1, 2023, at the same as the California Privacy Rights Act (“CPRA”) and the Virginia Consumer Data Protection