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 [...]
Pennsylvania Attorney General Josh Shapiro and U.S. Attorney Scott Brady have joined forces to investigate potential fraud related to coronavirus. In addition, the task force includes the FBI, U.S. Secret Service, U.S. postal inspectors, U.S. Immigration and Customs Enforcement, the Social Security Administration’s inspector general, the U.S. Department of Education’s inspector general, and the state police. The group seems to [...]
Last month, the California AG released Version 2 of its proposed CCPA regulations. Version 2 made significant changes to the original draft released last October. Yesterday, the AG released Version 3 of the proposed regulations. This round of edits consists primarily of minor clarifications and text clean-up; however, the following changes are noteworthy: Point of Collection Disclosures for Indirect Collections. [...]
Approximately one month after taking effect, the California Consumer Privacy Act (“CCPA”) popped up—albeit in a limited fashion—in consumer litigation. At the beginning of February, online retailer Hanna Andersson and Salesforce.com were hit with a class action lawsuit stemming from a reported data breach spanning approximately three months in the fall of 2019. The information compromised in the breach is [...]
Today’s online marketplace is filled with reviews, testimonials, and endorsements from a host of sources including everyone from the average consumer to bloggers and other celebrities. The power of an endorsement can significantly influence consumer behavior and almost always leads to increased sales. With this in mind, the Federal Trade Commission (“FTC”) published guidelines in 1980 that include requirements for [...]
Late Friday, the California Attorney General’s Office (“CAG”) released substantial modifications to the draft California Consumer Privacy Act (“CCPA”) regulations it proposed last October. Although several changes consist of minor clarifications or enhancements to readability, others will have a profound impact on businesses working to comply with the CCPA. Notable changes include: Personal Information. Further clarifies that information is not [...]
