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On February 17, 2023, the Illinois Supreme Court issued an opinion in Cothron v. White Castle Systems, Inc., in response to a certified question from the Seventh Circuit, ruling that the plain language of Section 15(b) and 15(d) of the Illinois Biometric Privacy Act shows that a claim accrues under BIPA with every scan or transmission of biometric identifiers or biometric information without prior informed consent. …
Continue Reading Illinois Supreme Court Rules that a Claim Under BIPA Accrues with Every Scan or Transmission of Biometric Identifiers or Biometric Information Without Prior Informed Consent

New York recently became the first state to require attorneys to complete at least one credit of cybersecurity, privacy and data protection training as part of their continuing legal education requirements. The new requirement will take effect July 1, 2023.
Continue Reading New York Becomes First State to Require CLE in Cybersecurity, Privacy and Data Protection

On September 17, 2021, in Tims v. Black Horse Carriers Inc., Ill. App. Ct., 1st Dist., No. 1-20-563, the Illinois Appellate Court, in a case of first impression at the appellate level, addressed the statute of limitations under the state’s Biometric Information Privacy Act, holding that a five-year period applies to BIPA claims that allege the failure to (1) provide notice of the collection of biometric data, (2) take care in storing or transmitting biometric data, or (3) develop a publicly-available retention and destruction schedule for biometric data.
Continue Reading Illinois Biometric Law Limitation Period Clarified by Illinois Court

On June 3, 2021, the U.S. Supreme Court in Van Buren v. United States reversed the U.S. Court of Appeals for the Eleventh Circuit’s decision to uphold the conviction of Nathan Van Buren, who was alleged to have violated the Computer Fraud and Abuse Act of 1986.
Continue Reading United States Supreme Court Adopts Narrow Interpretation of Scope of Liability Under the Computer Fraud and Abuse Act

As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal Trade Commission cannot seek or obtain equitable monetary relief pursuant to §13(b) of the FTC Act, putting an end to the use of §13(b) as a significant enforcement tool.
Continue Reading Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief

On June 22, 2018, the United States Supreme Court held in Carpenter v. United States that law enforcement agencies must obtain a warrant supported by probable cause to obtain historical cell-site location information from third-party providers.
Continue Reading Supreme Court Holds Warrant Required to Obtain Historical Cell Phone Location Information

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 Will Spokeo Undermine CAFA?