The United States Court of Appeals for the Seventh Circuit reversed the district court and found that plaintiffs, customers of Neiman Marcus, have standing to pursue claims resulting from a 2013 data breach of Neiman Marcus’ computer system. Remijas v. Neiman Marcus Group, No. 14-3122 (7th Cir. 2015). As discussed previously in this blog, Article […]
Archives for July 2015
Small Business “Hot Topics” Series
Please join us for our Small Business “Hot Topics” Series” on the following dates: September 3, 2015 7:30 AM -8:45 AM Data Security and Risks *Data Privacy-why is it important? *Cyber Insurance-Do we need it? *Does our current insurance protect us? September 10, 2015 7:30 AM -8:45 AM Employment Hot Spots *Hiring, Firing […]
EEOC Rules That Workplace Sexual Orientation Discrimination Is Sex Discrimination Under Title VII Of The Civil Rights Act
On July 16, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) issued a decision that discrimination on the basis of sexual orientation states a claim of discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964(Title VII). Title VII prohibits discrimination based on race, color, religion, sex, or national origin. […]
FCC Settles Data Security Action
The FCC entered into a $3.5 million settlement with TerraCom, Inc. (TerraCom) and YourTel America (YourTel). The settlement reduces the initial $10 million fine, and concludes the investigation into whether the companies failed to properly protect the confidentiality of personal information they received from more than 300,000 consumers. The Enforcement Bureau of the FCC initiated […]
FTC Releases Data Security Guide for Businesses
Following a data breach, a company may find itself the subject of regulatory proceedings, which can include fines, brought by the Federal Trade Commission (FTC). In the past 15 years, the FTC has brought more than fifty law enforcement actions related to data security. Using lessons learned from these enforcement actions, the FTC compiled and […]
District Courts Reach Opposite Conclusions on the Issue of Standing in Data Breach Cases
Whether plaintiffs have standing to pursue their claims has been the determinative issue in much of the data breach litigation to this date. In two recent cases, the United States District Court for the District of Nevada and the United States District Court for the Central District of California reached different conclusions on the question […]
McKenna Employment Bulletin – July 2015
PUT THE LEVEL OF PERFORMANCE IN YOUR EMPLOYEE CONTRACTS TO PROTECT FROM BREACH OF CONTRACT ACTIONS A DOCTOR’S SHORT-TERM MEMORY LOSS COULD NOT BE ACCOMMODATED BY HIS EMPLOYER NO FACTUAL BASIS STOPS CHARGES OF RACE AND RETALIATION VIRGINIA PATIENT AWARDED VERDICT FOR TAPED DEFAMATORY AND OFFENSIVE STATEMENTS RIGHTS FOR SAME-SEX COUPLES TO MARRY SHORT TIME […]
McKenna Law Update & News – June 2015
In This Issue… WRONGFUL DEATH VIA SUICIDE CLAIM DISMISSED DEFAMATORY STATEMENTS ON THE INTERNET MAY NOT REMAIN ANONYMOUS AND MAY BE ACTIONABLE CALCULATION OF HEALTH CARE LIENS McKENNA NEWS