On June 29, the Supreme Court issued a decision in Seila Law v. CFPB addressing the constitutionality of the Consumer Financial Protection Bureau. While the Court did not grant the petitioner’s request to invalidate the CFPB as a whole, a five-justice majority of the Court ruled that the CFPB’s Director “must be removable by the President at will.” The CFPB [...]
Effective Wednesday, July 1, 2020, the California Attorney General may begin enforcing the California Consumer Protection Act (CCPA). Passed just over two years ago, the CCPA requires regulated businesses to provide more transparency regarding their data privacy practices and gives California consumers additional rights and control over their personal information. The landmark privacy law took effect on January 1, 2020 [...]
Walmart’s motion to dismiss class action claims brought against it for allegedly overcharging consumers for reduced-price weighted goods, such as beef, poultry, and pork, was recently denied in the U.S. District Court, Southern District of Florida. Plaintiff Vassilios Kukorinis is seeking remedy from Walmart for alleged unfair, deceptive, and unconscionable business practices after Walmart stores allegedly charged a higher total [...]
Building off the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”) is a proposed ballot initiative aimed to amend and broaden the CCPA. If passed by California voters in November 2020, the CPRA would enhance consumer privacy rights, impose additional restrictions on the use of personal information by businesses, and create a new [...]
Businesses are increasingly using biometrics to identify and provide services to their customers and employees. For example, using fingerprint-based time systems ensures the accuracy of employee work hours while preventing practices such a buddy punching. In addition, businesses can use fingerprint, voice id, or facial recognition technologies to secure access for its employees and customers. While adopting these technologies can [...]
Perhaps the most consequential debate being waged over the future of class action litigation is whether nationwide class-action lawsuits will continue to be permitted against defendants who are neither based nor incorporated in the state in which a suit is brought. The battle is on the verge of a circuit split. In Bristol-Meyers Squibb v. Superior Court (2017), the U.S. [...]
As states begin to lift stay at home orders and reopen their economies, many employers are wondering what it means for their businesses. States are encouraging businesses to open in a way that makes employees and customers feel safe. While the transition will not be easy, there are many steps that employers can take to get ahead of challenges and [...]
Governor DeWine announced that Ohio’s economy could begin its restart on May 1, 2020, subject to precautions targeted to prevent the spread of COVID-19. President Trump encouraged restarting America’s economy, providing guidance and indicating the States should decide how best to open back up given their individual circumstances. Employers undoubtedly face a host of challenges implementing this transition, including employees [...]
The recent scrutiny and class action litigation accompanying Zoom’s rapid transformation to the cultural mainstream stands as a powerful reminder of the importance of proactively understanding and disclosing how a business collects, uses, and shares its customers’ personal information. In a cruel twist to the adage “the coverup is worse than the crime,” it is not Zoom’s data practices that [...]
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law Friday by President Trump. The Act drastically expands loans available through the Small Business Act (SBA) in order to allow small businesses to pay regular expenses, with extensive loan forgiveness for certain essential business expenses, including payroll. The Act is intended to spare businesses and employees [...]
