Category Archives: Legislation

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Supreme Court Decision Limits Right to Sue Without Actual Damages

The Supreme Court’s recent decision in Spokeo, Inc. v. Robins casts doubts on a plaintiff’s standing to sue for statutory damages based upon merely procedural violations, posing additional hurdles for class-action claims under certain consumer protection statutes. What it means for business:  it is now harder for potential plaintiffs to satisfy Article III standing requirements … Continue Reading

U.S. Senate Encourages Sharing – of Cyber Threat Indicators, That Is

To share or not to share — that is the question for companies when they have information about cybersecurity threats. New federal legislation which was adopted by the Senate on October 27, 2015 is designed to encourage companies to share information — with other companies and the federal government — about cybersecurity threats. The provisions … Continue Reading

EU-U.S. Safe Harbor Invalidity Gives Renewed Interest in U.S. Legislation

The recent holding of the European Court of Justice to invalidate the EU-U.S. Data Privacy Safe Harbor has given new impetus for Congress to pass the Judicial Redress Act sponsored by Sen. Orrin Hatch and Sen. Chris Murphy which would give EU citizens a cause of action in U.S. courts. What to do in the … Continue Reading

Proposed data privacy legislation at the federal level may be a step in the right direction, but falls short of consumer advocacy groups’ expectations

More than a month after announcing plans to build on cyber security infrastructure, President Obama released a draft of new data privacy legislation—once again stirring the debate on the best approach to protecting consumer data. The new legislation—the Consumer Privacy Bill of Rights—places several notable requirements on companies. Among these requirements, companies would have to … Continue Reading

Republican majority may mean the passage of privacy legislation

After the results were in for the much-anticipated election on Nov. 4, we learned that Republicans gained majority control over the U.S. Senate and maintained their majority control in the U.S. House of Representatives. This shift in party control could spell the end to the gridlock that Congress has been recently experiencing for various types … Continue Reading
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