Many individuals struggling with debt often do not explore the option of seeking financial relief under the U.S. Bankruptcy Code out of fear of losing a job or discriminatory treatment by an employer.
How is the Duty to Defend Determined in Insurance Coverage Cases?
One of the most important considerations in insurance coverage cases is determining whether an insurance company has a duty to defend and a duty to indemnify its insured. But how is this determination of insurance coverage made?
Why There Will Be No Data Breach Notification Letters Following The Facebook-Cambridge Analytica Incident
There are many questions surrounding the actions of Cambridge Analytica and Facebook, including whether this incident is considered a data breach. There has been some debate on this issue.
6 Data Security Compliance Lessons from the VTech-FTC Settlement
On January 8, 2018, VTech Electronics Limited (VTech) agreed to settle charges brought by the Federal Trade Commission (FTC) that the company violated U.S. children’s privacy law. As part of the settlement, VTech agreed to pay a $650,000 civil penalty, refrain from further violation of the law, and implement a comprehensive data security compliance program.
Appellate Court Affirms Dismissal of Illinois Biometric Information Privacy Act (BIPA) Case
The U.S. Court of Appeals for the 2nd Circuit recently upheld a district court decision dismissing a putative class action filed by two plaintiffs against the maker of the NBA2K videogame series. The plaintiffs alleged five violations of the Illinois Biometric Information Privacy Act (BIPA). The district court dismissed plaintiffs’ claims for lack of Article III standing, and the plaintiffs appealed.
Bankruptcy Frequently Asked Questions
We compiled this practical blog to answer some of the most Frequently Asked Questions about bankruptcy. Should I file for bankruptcy? This is a difficult question with no easy answer. You may want to file bankruptcy if you answer “yes” to any of the following questions:
How Much Underinsured Coverage Is An Insurance Company Required To Pay When There Are Multiple Tortfeasors?
Insurance coverage for underinsured and uninsured motorist coverage laws are often times confusing. One source of such confusion is the determination of coverage owed when there are multiple tortfeasors. The recent case of Illinois Emcasco Ins. Co. v. Tufano, 2016 IL App (1st) 151196 provides guidance in this circumstance.
Ninth Circuit Revisits Spokeo and Holds that Violations of the FCRA Can Establish Standing to Sue Under Title III
The United States Supreme Court opinion in Spokeo (“Spokeo II) was viewed as a major decision in cybersecurity litigation. We at Mckenna Storer addressed the importance of that decision in this space in “No Harm, No Foul: Why Spokeo v. Robins is a Win for Data Privacy Defendants”. The results following that decision have been […]
FTC Updates COPPA Compliance Plan to Include Internet-Connected Toys
The Federal Trade Commission (FTC) recently updated its COPPA Compliance Plan for businesses. The Children’s Online Privacy Protection Act (COPPA) protects the privacy of children using websites and online services. Operators of websites and online services that collect personal information from kids under age 13 are covered by the Act. Failure to comply with COPPA […]
Who Are Necessary And Indispensable Parties In Insurance Coverage Litigation
When it comes to insurance coverage litigation, a key tool used in coverage disputes is the declaratory judgment action. Once an insurance company determines that a declaratory judgment action must be filed to determine insurance coverage under its policy, there are certain parties that must be named as defendants for the complaint to survive dismissal.