Maya AtrakchiBlog Posts
Utah is the 2nd State to Create a Safe Harbor for Companies Facing Data Breach LitigationIn mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons (defined below) facing a cause of action arising out of a breach of system security, and establishing the requirements for asserting such a defense....… Continue ReadingApril 7, 2021 |
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh InThe Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act (BIPA) is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA). Over the past few years. there has been a significant number of class...… Continue ReadingApril 2, 2021 |
Supreme Court Issues Monumental TCPA DecisionIn a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”, a device must be able to either “store a telephone number using a random or sequential generator or to produce a telephone...… Continue ReadingApril 1, 2021 |
Colorado Introduces a Comprehensive Consumer Privacy BillColorado recently become the latest state to consider a comprehensive consumer privacy law. On March 19, 2021, Colorado State Senators Rodriguez and Lundeen introduced SB 21-190, entitled “an Act Concerning additional protection of data relating to personal privacy”. Following California’s bold example of the California Consumer Privacy Act (“CCPA”) effective since January 2020, Virginia recently...… Continue ReadingMarch 30, 2021 |
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh InThe Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”). Back in September, the Illinois Appellate Court for the First Judicial District held that employees’ BIPA...… Continue ReadingMarch 26, 2021 |
The Circuit Split Continues: 11th Circuit Weighs in on Standing in Data Breach LitigationThe 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao v. Captiva MVP Rest. Partners, concluded that the plaintiff had failed to allege either that the data breach...… Continue ReadingMarch 23, 2021 |
AG Becerra Announces Approval of Additional CCPA RegulationsHere we go again! On March 15th, 2021, the California Department of Justice (“Department”) announced approval of modifications to the California Consumer Privacy Act’s (CCPA) regulations, originally introduced in December of 2020. The new regulations mainly modify provisions related to a consumer’s right to opt out of sale of their personal information, with the aim of “protecting consumers from... Continue ReadingMarch 17, 2021 |
AG Becerra Announces Approval of Additional CCPA RegulationsHere we go again! On March 15th, 2021, the California Department of Justice (“Department”) announced approval of modifications to the California Consumer Privacy Act’s (CCPA) regulations, originally introduced in December of 2020. The new regulations mainly modify provisions related to a consumer’s right to opt out of sale of their personal information, with the aim...… Continue ReadingMarch 16, 2021 |
Virginia Becomes 2nd State to Enact a Comprehensive Consumer Privacy LawOn Tuesday, March 2nd, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act (CDPA), officially joining California as the second state with a comprehensive consumer privacy law, intended to enhance privacy rights and consumer protection for state residents. We provide an in-depth analysis of the CDPA here, along with legislative activity in...… Continue ReadingMarch 3, 2021 |
Court Denies Motion for Class Certification in Employee W-2 Data Breach LitigationIn recent years, there has been an uptick of W-2 phishing scams, and their consequences for an employer extend well beyond leaked data, including potential employee class action litigation. Just last week, a federal court in Illinois rejected a motion for class certification in a data breach case alleging disclosure of employees’ sensitive tax information...… Continue ReadingFebruary 2, 2021 |