James Cook, an associate attorney with the Firm, has co- authored an article with his brother, William Cook, about the Freedom of Information Act. The article, “Business Information and Illinois FOIA Requests” is published in this month’s Illinois Bar Journal. The article gives a good overview of FOIA and the related issues facing businesses. McKenna […]
Privacy and Data Security Litigation
In a recent decision, the Seventh Circuit Court of Appeals held that a federal district court could hear certain Biometric Information Privacy Act (BIPA) claims. An issue in many BIPA lawsuits specifically, and in many data privacy lawsuits generally, is whether the court has subject matter jurisdiction to hear the case. The issue is usually […]
Both federal law and the Illinois Trade Secrets Act (765 ILCS 1065/et seq.) allow a person to recover money damages caused by the misappropriation of trade secrets. 765 ILCS 1065/4; 18 U.S.C. § 1836. Generally, a “trade secret” is information kept confidential for economically advantageous reasons. See 765 ILCS 1065/4; 18 U.S.C. § 1839(3). Trade […]
Incident response planning, including tabletop exercises, is vital to the data breach preparedness of any organization. Data breaches can have a crippling effect on a business. Although data breaches at large companies dominate the headlines, data breaches occur at small and medium-sized businesses as well.
Data breaches have happened, and will continue to happen, to all different types of entities, including private businesses, charities, government offices, and schools.
Earlier this year, South Dakota passed the state’s first data breach notification law. Prior to passage of the law, South Dakota was one of only two states that did not have a state data breach notification law. The law went into effect this past July.
To avoid what is becoming a common lawsuit, businesses need to be aware of the Illinois Biometric Information Privacy Act (BIPA) requirements. Two class action lawsuits were recently filed in Cook County Circuit Court by employees alleging violations of the BIPA by their respective employers.
A data protection ordinance was recently proposed in the City of Chicago. The “Data Collection and Protection Ordinance” (the Ordinance), sponsored by Aldermans Burke, Hopkins and Reilly, is a response to a string of high-profile data breaches that occurred during the past year.
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.
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.