BiometricsIn the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite
In the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite

In the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite

Illinois lawmakers are considering a bill which has the potential to dramatically rein in the state’s strict Biometric Information Privacy Act (“BIPA”). On March 9, 2021, the Illinois House judiciary committee advanced House Bill 559 (the “Bill”) which would amend BIPA. The Bill has a couple of key amendments that may impact your business.
Auto DialerSCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators
SCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators

SCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators

In a long-awaited decision, on April 1, 2021, the Supreme Court of the United States released its opinion in Facebook v. Duguid et al., and unanimously adopted a narrow interpretation of the term “automatic telephone dialing system” or ATDS under the Telephone Consumer Protection Act (“TCPA”).
Meal KitCalifornia Automatic Renewal Laws and Recent Litigation
California Automatic Renewal Laws and Recent Litigation

California Automatic Renewal Laws and Recent Litigation

Automatic renewal contacts have become ubiquitous in our everyday lives; however, few give thought to the laws and regulations governing them. Whereas the federal government has regulations governing automatic renewal contracts, most states, similarly, have laws governing automatic renewal contracts, or automatic renewal laws (“ARL”). Perhaps unsurprisingly, in 2009 California enacted one of the strictest ARLs intended to end the practice of charging consumer credit cards without a customers’ explicit consent for ongoing shipments of product or deliveries of a service.
UtahUtah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches
Utah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches

Utah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches

On March 11, 2021, Utah Governor Spencer Cox signed the Cybersecurity Affirmative Defense Act (the “Act”) into law. The Act creates affirmative defenses to certain causes of action arising out of a breach of system security.
Myriah V. Jaworski, Esq., CIPP/US, CIPP/E Published in the ‘Journal on Emerging Issues in Litigation’
Myriah V. Jaworski, Esq., CIPP/US, CIPP/E Published in the ‘Journal on Emerging Issues in Litigation’

Myriah V. Jaworski, Esq., CIPP/US, CIPP/E Published in the ‘Journal on Emerging Issues in Litigation’


'A Compelling Outcome: Using Arbitration Agreements to Limit Liability in Data Privacy Class Actions'





Abstract: Data privacy class actions are proliferating. Defendant companies may find an effective defense strategy is moving to compel individual arbitration. Not all contracts have the appropriate language, however, and, even if they do, they may not succeed. This article, which will appear in the forthcoming issue of the Journal on Emerging Issues in Litigation, discusses U.S. privacy litigation and case law on compelling arbitration of class claims in the privacy law context, with recommendations for businesses to improve their chances of securing court orders that enforce arbitration language in their agreements










AI Hiring BiasAI Hiring Algorithms Present Big Questions About Accountability and Liability
AI Hiring Algorithms Present Big Questions About Accountability and Liability

AI Hiring Algorithms Present Big Questions About Accountability and Liability

Under Title VII of the Civil Rights Act of 1964, the United States Equal Opportunity Commission (“EEOC”) is responsible for enforcing federal laws that make it illegal to discriminate against job applicants or employees because of their membership in a protected class. Nevertheless, the current form of the Employment Tests and Selection Procedures fail to provide any guidance on the use of AI tools in the hiring process.
FingerprintBiometric Litigation Continues To Rise As Businesses Work To Minimize Risk
Biometric Litigation Continues To Rise As Businesses Work To Minimize Risk

Biometric Litigation Continues To Rise As Businesses Work To Minimize Risk

In part because of its private right of action, by which plaintiffs may bring suit against businesses directly, BIPA litigation remains at the forefront of the data privacy litigation landscape as businesses continue to collect the biometric identifiers of their employees. Recent BIPA class action settlements with major tech companies like Facebook and TikTok have been in the hundreds of millions of dollars, but the majority of BIPA litigation is brought against small and medium sized enterprises who collect biometric information in employee timekeeping or for access controls to physical spaces.
Text MarketingTCPA Considerations When Starting Your SMS Marketing Campaign
TCPA Considerations When Starting Your SMS Marketing Campaign

TCPA Considerations When Starting Your SMS Marketing Campaign

Consent is the cornerstone of compliance with the Telephone Consumer Protection Act (“TCPA”). It is imperative that business and marketing teams have a strong understanding of this before leveraging text messaging or automated calls into their marketing campaigns. Similarly, it is critical to understand when prior express written consent is required, if any exceptions may apply to your text messaging campaign practices, the importance of documenting consent, and other best practices that can be leveraged for obtaining prior express written consent in an online environment.
United States Department of Homeland Security (DHS) Announces New Grant Plan to Slow Epidemic Spread of Cyber Attacks
United States Department of Homeland Security (DHS) Announces New Grant Plan to Slow Epidemic Spread of Cyber Attacks

United States Department of Homeland Security (DHS) Announces New Grant Plan to Slow Epidemic Spread of Cyber Attacks

Businesses may be able to take a little sigh of relief that some help may be coming to the persistent threat of ransomware attacks. The DHS announced that significant funds will be provided to a number of public and private sectors to help improve the nation’s protection against data security attacks and other crises.
VirginiaWhat You Need to Know About Virginia’s New Consumer Data Protection Act
What You Need to Know About Virginia’s New Consumer Data Protection Act

What You Need to Know About Virginia’s New Consumer Data Protection Act

On March 2, 2021, Virginia enacted the Consumer Data Protection Act (the “CDPA”) with the goal of establishing a framework for controlling and processing the personal data of Virginia Residents. Whereas the CDPA resembles California’s Consumer Privacy Act (“CCPA”) in some regards and resembles the European Union’s General Data Privacy Regulation (“GDPR”) in others, the CDPA is likely the first step in a line of new state laws governing the processing of a consumers’ data.