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|Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches|
Breton Leone-Quick; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 10, 2015, previously published on August 4, 2015Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more prevalent and represent a primary source of concern for data...
|Threat of Identity Theft is Enough for Your Consumers to Sue|
James J. Giszczak, Sara Hutchins Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
August 10, 2015, previously published on August 3, 2015In the recent decision on Remijas v. Neiman Marcus Group, LLC, No. 14-3122, the 7th U.S. Circuit Court of Appeals held that the likely threat of identity theft is enough for a class of customers who had their personal information exposed in a data breach to have standing to sue the company that got...
|New York City Enacts “Ban the Box” Legislation|
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 23, 2015, previously published on July 16, 2015As we previously reported, the New York City Council recently passed the Fair Chance Act (Intro No. 318-A, 2014) that—among other requirements—prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. As expected, on June 29, 2015, New...
|Oregon Governor Signs ‘Ban the Box’ Legislation|
Heidi Guettler; Jackson Lewis P.C.;
July 13, 2015, previously published on July 7, 2015Legislation restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process has been signed into law by Governor Kate Brown on June 26, 2015. The “Ban the Box” law, H.B. 3025, will take effect on January 1, 2016.
|Damage Cap under Political Subdivision Tort Claims Act Applies to Each Local Agency Defendant, Not in the Aggregate, when there is More than One Local Agency Found Liable|
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 13, 2015, previously published on July 6, 2015The plaintiff homeowner association, owner of a pond created by an earthen embankment dam, brought claims of negligence and violations of the Storm Water Management Act (SWMA), 32 P.S. §§680.1-680.17 against the defendant township and school district. The school district built a sports...
|New York City Enacts Ban-the-Box Legislation|
Ellen M. Bandel, Susan M. Corcoran, Richard I. Greenberg, Daniel J. Jacobs, Christopher M. Valentino; Jackson Lewis P.C.;
July 10, 2015, previously published on July 2, 2015New York City has adopted an ordinance restricting when employer inquiries about applicants’ criminal histories may be made during the application process and imposing significant obligations on employers who intend to take action based on such information.
|Oregon Legislature Votes to “Ban the Box”|
Sean M. Driscoll; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 24, 2015, previously published on June 18, 2015Oregon will soon join the ranks of states with “ban the box” legislation. Provided House Bill (HB) 3025 is signed by Governor Kate Brown (which is virtually certain), the new law will regulate when Oregon employers can ask applicants to disclose criminal convictions. The effective date...
|Nebraska's Abolition of the Death Penalty Will Save the State Millions|
David H. Godenswager, David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
June 17, 2015, previously published on June 4, 2015As was widely broadcast last week, Nebraska lawmakers outlawed the death penalty, overriding Gov. Pete Rickets’ veto that would have kept it intact. Reuters reported that it is the first majority Republican state to do so since 1973, when North Dakota outlawed it.
|Florida’s Apparent Increase on Caps for Damages Recoverable in Cases Against Providers of Foster Care Services Is Misleading|
Andrea L. Diederich; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 12, 2015, previously published on June 1, 2015Effective July 1, 2014, the statutory caps on damages recoverable in cases involving providers of foster care and related services were amended. See § 409.993, Fla. Stat. (2014). As before, the new statute provides caps on both economic damages and noneconomic damages in such cases. However,...
|Illinois’ Cook County Ordinance Restricts Credit History Use|
Kathryn Montgomery Moran, Jason A. Selvey; Jackson Lewis P.C.;
June 8, 2015, previously published on June 2, 2015An amendment to Cook County’s Human Rights Ordinance, with certain exceptions, broadly prohibits employers from using credit histories or reports in making employment decisions. Cook County is the most populous county in Illinois and the one in which Chicago is situated.