Showing 4 posts by Joseph L. Kish.
CYBER RISK CLIENT ALERT: Supreme Court Remands Google Settlement - Might Resolve Existing Circuit Splits On Proving Actual Harm
On March 19, 2019, the United States Supreme Court remanded a privacy class action settlement back to the Ninth Circuit Court of Appeals to address whether the class members can plausibly claim to have suffered concrete harm. This ruling serves as the latest hurdle for plaintiffs in cybersecurity litigation to establish standing to sue companies for data breaches and unauthorized data sharing. More »
Recently, the Illinois Supreme Court resolved contradictory rulings from lower courts regarding standing under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/5 (West 2016). The likely result of this ruling was that there will be increased litigation under BIPA.
In Rosenbach v. Six Flags Entertainment Corp., 2017 IL App (2d) 170317, the Illinois Supreme Court held that an individual is not required to show actual harm; establishing a technical violation of under BIPA is sufficient to be “aggrieved” and allow a plaintiff to seek remedial measures. More »
Illinois Appellate Court Concludes that Actual Harm is not Required under Biometric Information Privacy Act
An Illinois appellate court’s recent opinion may very well open the flood gates for litigation arising out of alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”) by eliminating the need to allege actual harm to have standing to sue. Sekura v. Krishna Schaumburg Tan, Inc., 2018 IL App (1st) 180175. More »
On September 26, 2018, Uber Technologies, Inc. (Uber) reached a joint settlement with all 50 states and Washington, D.C.’s attorney generals to pay a record breaking $148 million for its 2016 data breach and subsequent cover-up. More »
- Another BIPA Violation Alleged in Illinois
- LIFE SCIENCES CLIENT ALERT: United States Supreme Court holds that the judge, not the jury, makes pre-emption determination in failure-to-warn pharmaceutical cases.
- Michigan No-Fault Reform Update
- Missouri Joinder/Venue Reform Bill Heading to Governor for His Signature
- Seventh Circuit Appellate Briefs Filed in Southwest Airlines Biometric Case Involving Collective Bargaining Agreements
- An Examination of the Illinois Insurer-Insured Privilege: What is Protected and What is Discoverable?
- Litigation is Expensive; Consider Mediation Instead.
- Product Liability: Effective Litigation Tools and Techniques
- Driver Fatigue: A Leading Cause of Accidents and Death in the Transportation Industry
- PROFESSIONAL LIABILITY CLIENT ALERT: Opioid Litigation - The Practitioner's Guide to Managing the FDA's 2019 Roadmap
- Professional Liability
- Class Action
- Insurance & Reinsurance Litigation & Counseling
- Complex Commercial Litigation
- Insurance Coverage
- Cyber Risk & Liability
- Toxic Tort
- Professional Development
- Construction Litigation & Counseling
- Discrimination, Harassment & Hostile Workplace Claims
- Medical Negligence & Healthcare Liability
- Product Liability
- Pharmaceutical & Medical Device Litigation
- Social Media & Privacy
- Employment Litigation & Counseling
- Workers' Compensation