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HTMLDual Decisions Provide Narrow Path for Plaintiffs to Establish Standing in Data Breach and Cybersecurity Suits
Keith M. Gerver, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
Last week, decisions by the United States Supreme Court and the Northern District of Georgia provided further guidance regarding the narrow path required for a class action plaintiff to successfully establish Article III standing in a data breach claim brought in federal court. In Spokeo, Inc. v....


HTMLSupreme Court: ‘Actual Injury’ Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act
James A. McKenna; Jackson Lewis P.C.;
Legal Alert/Article
June 7, 2016, previously published on May 20, 2016
Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation,” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016).


HTMLChinese Domain Name Scams
Jane D. Tucker; Vandeventer Black LLP;
Legal Alert/Article
June 5, 2016, previously published on May 2016
Chinese domain name scams are solicitations by entities in Asia to companies around the world requesting that the company register its brand name as a domain name with an Asian domain name registrar.


HTMLCybersecurity Guidance From Investment Industry Organization
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
June 3, 2016, previously published on May 27, 2016
Cyber risk management is an increasingly important challenge for organizations of all kinds. The Mutual Fund Dealers Association of Canada ("MFDA"), the national self-regulatory organization that oversees mutual fund dealers in Canada, has published a Cybersecurity bulletin to help its...


HTMLCyber Incident Response Plans — Test, Train And Exercise
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
June 2, 2016, previously published on May 19, 2016
"Give me six hours to chop down a tree and I will spend the first four sharpening the axe." - Abraham Lincoln


HTMLInstagram User Sues Groupon for Mis-Use of Social Media Photo
Christopher B. Hopkins; McDonald Hopkins LLC;
Legal Alert/Article
June 2, 2016, previously published on May 3, 2016
An Instagram user in Illinois filed a February 5, 2016 class action lawsuit alleging that Groupon was wrongfully using Instagram’s API to “scrape” Instagram user photos and place them on Groupon’s Deal pages in order to promote Groupon sales.


HTML(dot).INSURANCE for Domain Names?
Bernard F. Meroney; Jones Walker LLP;
Legal Alert/Article
June 2, 2016, previously published on May 17, 2016
Common "top level" domains, or extensions, include .COM, .NET, and .ORG. A new top level domain ".INSURANCE" is now available and accepting applications to register domain names with the .INSURANCE extension. The rules governing .INSURANCE domains are controlled by fTLD, a...


HTMLSouth Dakota: Unique Nexus Provision Triggers Immediate Lawsuits
David M. Kall, Susan Millradt McGlone; McDonald Hopkins LLC;
Legal Alert/Article
June 2, 2016, previously published on May 5, 2016
Since lawmakers began to realize how much revenue they are losing to out-of-state retailers that cannot be compelled to collect sales taxes, there has been much hand wringing about how to mitigate their losses while still remaining within the bounds of the law. The problem stems from the 1992...


HTMLE-Commerce Sector Inquiry Finds Widespread Geo-Blocking in the EU
Bernard E. Amory, Charlotte Breuvart, Yvan N. Desmedt, Tristan J. Verminck; Jones Day;
Legal Alert/Article
April 26, 2016, previously published on April 2016
In its ongoing sector inquiry into e-commerce in the European Union, the European Commission has published its initial findings on geo-blocking. Launched in May 2015 by the European Commissioner in charge of competition, Margrethe Vestager, this inquiry forms part of the Commission-wide Digital...


HTMLGrowth in Internet Commerce Causing States to Work around the Supreme Court
McDonald Hopkins LLC;
Legal Alert/Article
April 18, 2016, previously published on April 7, 2016
May 26, 2016, marks the 24-year anniversary of the United States Supreme Court’s decision in Quill v. North Dakota that precluded states from requiring out-of-state retailers to collect and remit sales taxes on in-state sales. Quill does not prevent states from lodging a sales tax. But, it...


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