Last week the Supreme Court’s decision in Van Buren v. United States resolved a decade-long circuit split concerning the “exceeds authorized access” clause of the Computer Fraud and Abuse Act (“CFAA”).  Taking up the issue of whether an individual who has legitimate access to a computer network but accesses it for an improper or

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.

BREAKING: SCOTUS Slashes Scope of Cybercrime Statute | Consumer Privacy World

Do You Want Fries With That? McDonald’s Customer BIPA Class Action

Today, the Supreme Court handed down a decision significantly narrowing the scope of the Computer Fraud and Abuse Act (“CFAA”), a federal statute that can impose both criminal and civil liability on anyone who “intentionally accesses a computer without authorization or exceeds authorized access”, in its first-ever decision addressing this law.

In a 6-3 opinion

Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is the latest to affirm that requirement, this time under the Fair Debt Collection Practices Act (“FDCPA”).

In Markakos v. Medicredit, Inc., No. 20-2351, 2021

There is still time to register for CPW’s first virtual event next Tuesday, May 25 from 12-1 pm EST on The Colonial Pipeline Hack-Understanding Cyber-Attacks, Supply Chain Breaks and Data Breach Litigation Issues.  And that webinar could not be more timely as data privacy litigation concerning the cyber incident is already underway.

This week,

CPW has been following the Clearview Illinois Biometric Information Privacy Act (“BIPA”) litigation for quite some time.  On Friday, Clearview argued to an Illinois federal judge that an injunction should not be issued precluding the company from collecting data.  This included, among other reasons, the argument that Clearview’s business operations are exempt from BIPA and

CPW has been tracking data breach litigations for some time, including how the Courts of Appeals have addressed the question of Article III standing.  Yesterday the Second Circuit issued a monumental decision that attempts to weave together rulings from other courts to formulate a multi-factor standing analysis.  McMorris v. Carlos Lopez & Assocs., 2021

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.

BREAKING: Supreme Court Unanimously Curbs FTC’s Ability to Obtain Monetary Relief in Court | Consumer Privacy World

Wait, What?! Ninth Circuit Affirms

The Supreme Court issued a unanimous opinion today slashing the Federal Trade Commission’s ability to seek monetary awards in court, finding that Congress had not intended to give the agency that power in a section of the Federal Trade Commission Act granting the FTC the ability to seek injunctions.  This critical ruling invalidates what has

Readers of CPW know that our very own Lydia de la Torre has been selected to be an inaugural board member of the new California Privacy Protection Agency.   Listen to what Lydia and Alan Friel, Deputy Chair of SPB’s Data Privacy group have to say in a must-listen to podcast.  They discuss the history