On June 14, 2019, the Federal Trade Commission announced that it has taken action against a number of companies that allegedly misrepresented their compliance with the EU-U.S. and Swiss-U.S. Privacy Shield frameworks and other international privacy agreements. This blog entry provides an overview of these developments.
Continue Reading

On November 21, 2018, the Supreme Court of Pennsylvania found that a putative class action against UPMC by current and former employees should not have been dismissed. Employers have common law duty to use reasonable care to safeguard its employees’ sensitive personal information that it stores on Internet-accessible computer systems, and Pennsylvania’s economic loss doctrine did not bar the plaintiffs’ negligence claim.
Continue Reading

On November 20, 2018, the Illinois Supreme Court heard arguments in a case that could shape future litigation under the Illinois Biometric Information Privacy Act (“BIPA”). BIPA requires companies to (i) provide prior written notice to individuals that their biometric data will be collected and the purpose for such collection, (ii) obtain a written release from individuals before collecting their biometric data and (iii) develop a publicly available policy that sets forth a retention schedule and guidelines for deletion once the biometric data is no longer used for the purpose for which it was collected (but for no more than three years after collection). BIPA also prohibits companies from selling, leasing or trading biometric data.

Continue Reading

On October 23, 2018, the parties in the Yahoo! Inc. Customer Data Security Breach Litigation pending in the Northern District of California and the parties in the related litigation pending in California state court filed a motion seeking preliminary approval of a settlement related to breaches of the company’s data.
Continue Reading