Recent Publications - Professional Liability
August 20, 2019 |
Organizations big and small are making significant investments in cybersecurity. Yet, unlike other investments, it’s difficult to assess a company’s return on investment for its cybersecurity spending. And while businesses in regulated industries must invest in cybersecurity to remain in compliance with prevailing laws and therefore stay in business, there is no such straight lineRead More
July 29, 2019 |
On July 29, 2019, a judgment was issued by the European Union’s Court of Justice that highlights the need for online businesses to be aware of how user data is shared when third party plug-ins are included on their websites. The Court of Justice’s decision has been highly anticipated as to it reflects the extentRead More
July 16, 2019 |
This past week, the Federal Trade Commission (FTC) voted to approve a record-breaking $5 billion settlement with Facebook, resolving its investigation into the charge that the company violated a prior settlement with the Commission when it improperly permitted political data firm Cambridge Analytica to access 87 million users’ personal information.
Cambridge Analytica created personality quizRead More
June 4, 2019 |
On June 3, 2019, the United States Supreme Court ruled that Title VII’s charge-filing requirements, while mandatory, are not jurisdictional, and any objections will be deemed forfeited if an employer waits too long to raise them.
In Fort Bend County, Texas v. Davis, Respondent Davis filed a charge against her employer, Fort Bend County, withRead More
March 22, 2019 |
On March 18, 2019, Bill A-4880 passed the New Jersey Assembly Judiciary Committee. If the bill becomes law, it will amend the governing statute, N.J.S.2A:14-1, by shortening the statute of limitations for claims of malpractice against certain licensed professionals (including lawyers) from six years to two years. The amendment will also prohibit the award ofRead More
March 12, 2019 |
On February 29, 2019, the Federal Trade Commission announced that the video social networking app Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle a claim that the company illegally collected personal information from children, the largest such civil penalty to date.
The Children’s Online Privacy Protection Act (COPPA) requires websites andRead More
March 12, 2019 |
The California Consumer Privacy Act (CCPA), which passed in 2018 and goes into effect January 1, 2020, is intended to provide some of the most rigorous privacy protections to California residents but is not limited in application to California companies.
What entities fall under the CCPA?
The CCPA applies to ”businesses” that are for-profit entitiesRead More
March 11, 2019 |
On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims.
In the caseRead More
March 7, 2019 |
On February 27, 2019, in Garza v. Idaho, 586 U.S. _ (2019), the Supreme Court of the United States, in a split decision, eased a client’s burden of establishing harm for the purposes of making an ineffective assistance of counsel argument against his former criminal defense lawyer.
The Sixth Amendment provides that a criminal defendantRead More
January 16, 2019 |
January is the traditional time to take stock of the year that passed and plan for the year ahead. The same is true of data security and privacy practices.
In 2018, cyber regulation dominated the news. The trend is likely to continue in 2019 as existing and new cyber regulations will impact an ever-expanding arrayRead More
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