Archives: U.S. Federal Law

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Will Spokeo Undermine CAFA?

As we previously reported, the Supreme Court’s decision in Spokeo v. Robins, has been nearly universally lauded by defense counsel as a new bulwark against class actions alleging technical violations of federal statutes. But Spokeo also poses a significant threat to defendants by defeating their ability to remove exactly the types of cases that defendants most want in federal court.… Continue Reading

Pharmaceutical Company to Plead Guilty and Settle Drug Marketing Charges

Recently, Aegerion Pharmaceuticals announced that it will enter into several settlements and plead guilty to two misdemeanors in connection with alleged violations of HIPAA, drug marketing regulations and securities laws. The criminal charges stem from the company’s marketing of a cholesterol drug called Juxtapid. Aegerion allegedly failed to comply with risk evaluation and management strategies and … Continue Reading

Supreme Court Finds Consumers Must Prove Injury in Class Actions

On May 16, 2016, the United States Supreme Court issued a decision in Spokeo Inc. v. Thomas Robins, holding that the Ninth Circuit’s ruling applied an incomplete analysis when it failed to consider both aspects of the injury-in-fact requirement under Article III. The Court found that a consumer could not sue Spokeo, Inc., an alleged consumer reporting agency that operates a “people search engine,” for a mere statutory violation without alleging actual injury.… Continue Reading

FTC Orders Mobile Device Manufacturers to Provide Information about Security Updates for Study

On May 9, 2016, the Federal Trade Commission announced it had issued Orders to File a Special Report to eight mobile device manufacturers requiring them to, for purposes of the FTC's ongoing study of the mobile ecosystem, provide the FTC with "information about how [the companies] issue security updates to address vulnerabilities in smartphones, tablets, and other mobile devices."… Continue Reading

Consumer Financial Protection Bureau Imposes First Ever Data Security Fine

On February 27, 2016, the Consumer Financial Protection Bureau reached a settlement with Dwolla, Inc., an online payment system company, to resolve claims that the company made false representations regarding its data security practices in violation of the Consumer Financial Protection Act. Among other things, the consent order imposes a 100,000 dollar fine on Dwolla. This marks the first data security-related fine imposed by the CFPB. … Continue Reading

Department of Homeland Security Issues Procedures Regarding Sharing Cybersecurity Information

On February 16, 2016, the Department of Homeland Security, in collaboration with other federal agencies, released a series of documents outlining procedures for both federal and non-federal entities to share and disseminate cybersecurity information. These documents were released as directed by the Cybersecurity Act of 2015, signed into law on December 18, 2015.… Continue Reading

U.S. Congress Releases Compromise Bill on Cybersecurity Information Sharing

On December 16, 2015, leaders in the U.S. House of Representatives and Senate released an omnibus spending bill that contained cybersecurity information sharing language that is based on a compromise between the Senate’s Cybersecurity Information Sharing Act and two cybersecurity information sharing bills that passed in the House earlier this year. … Continue Reading

HIPAA Settlement Emphasizes Importance of Risk Analyses

On December 14, 2015, the U.S. Department of Health and Human Services’ Office for Civil Rights announced that it had settled potential HIPAA Security Rule violations with the University of Washington on behalf of the university’s medical center, medical school and affiliated labs and clinics. … Continue Reading
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