Tag Archives: class actions

Uncertainty persists in biometric litigation

Companies facing class action litigation stemming from Illinois’ Biometric Privacy Act, 740 ILCS 14/1 et seq. (BIPA), will not get conclusive guidance from the U.S. Supreme Court on the issue of Article III standing. Despite the substantial increase in BIPA class actions filed between 2018 and 2019, and amici briefs imploring the Supreme Court to … Continue Reading

Despite Plaintiffs Satisfying Standing Requirements, Barnes & Noble Closes the Book on Data Breach Class Action

In data breach class actions, standing is often the major obstacle, and has taken on renewed focus following the U.S. Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016). See, e.g., Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy Invasion, Technology … Continue Reading

More Light or More Heat? California’s Proposed ‘Right to Know Act’ Expands Shine the Light Requirements, May Expand Liability

This post was also written by Joshua B. Marker. California legislators have proposed revisions to the Shine the Light Act, which we first wrote about here. Under pending legislation, the Shine the Light Act would be renamed the “Right to Know Act of 2013,” with significantly expanded reach and requirements. If the proposed amendment passes, … Continue Reading

Judge Narrows App Litigation, But Lets Plaintiffs Press On

This post was also written by Christopher G. Cwalina. A recent decision in ongoing litigation over mobile application practices shows how difficult the defense of privacy class actions can be. Even if the defense wins dismissal of some causes of action, the survival of any cause of action may force the defendant into costly discovery. On … Continue Reading
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