Fran Faircloth

18 May 2016

The Supreme Court Remands Injury Question In Spokeo Class Action Privacy Claim

On Monday, May 16, the Supreme Court addressed the question of whether an alleged violation of the Fair Credit Reporting Act (FCRA), without allegation of concrete injury, is ever sufficient for Article III standing. The case, Spokeo Inc. v. Robbins, No. 13-1339 (2016), involved a class action against data … Read More

02 May 2016

Defend Trade Secrets Act Offers a New Response to Cyber Intrusions

Companies may soon have a new way to respond to hacking.  On Wednesday, April 27, the House passed the Defend Trade Secrets Act (“DTSA”) by a vote of 410-2. The bill has already been approved by the Senate and has the Obama administration’s support, which means little stands in the … Read More

04 April 2016

Tennessee Amends Breach Notification Law

On March 24, Tennessee enacted a law amending its breach notification law, originally enacted in 2005. The new amendment requires businesses and government agencies to notify citizens affected by data breaches within 45 days of discovering the breach. Exceptions to the 45-day time limit will be allowed only when … Read More

26 February 2016

President Obama Signs Judicial Redress Act

On Wednesday, February 24, President Obama signed the Judicial Redress Act into law.  “What it does in the simplest terms is makes sure that everybody’s data is protected in the strongest possible way with our privacy laws—not only American citizens, but also foreign citizens,” President Obama said at signing.  … Read More

04 January 2016

California’s New Data Breach Notification Requirements Effective January 1, 2016

When the California legislature closed out their 2015 session on September 11 of 2015, they sent three bills to Governor Jerry Brown proposing amendments to the state’s data breach laws which were all signed into law on October 6 and took effect January 1, 2016. The new laws address what … Read More

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