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Revisit Privacy Notices for the New Year /

Revisit Privacy Notices for the New Year

Consumer-facing privacy notices carry legal consequences and a carefully drafted privacy notice may function to save a company in data privacy litigation or regulatory actions. Accordingly, several reasons exist for companies to frequently revisit privacy notices.

The Supreme Court Remands the Ninth Circuit’s Pay Bias Decision Due To Judge Reinhardt’s Death

On February 25, 2019, the United States Supreme Court vacated a decision previously decided by the full Ninth Circuit because it was filed after Judge Stephen Reinhardt, who authored the opinion, died. In the case, Rizo v. Yovino, the Ninth Circuit held that employers could not rely upon an employee’s prior salary as a “factor other than sex” in defending against a claim under the Equal Pay Act. We discussed the Ninth Circuit’s decision here. Notably, the Ninth Circuit was the only federal circuit court to decide that employers could never rely upon salary history as a factor other than sex. All eleven judges (including Judge Reinhart) in the Ninth Circuit had agreed that prior law should be overturned, and that the employer’s utilization of salary history alone to set salaries was impermissible.

Yahoo! Data Breach Settlement Increases Risk for Companies’ Directors and Officers

The recent Yahoo! settlement marks a substantial step in data breach shareholder derivative litigation that increases the risk for officers and directors of companies that have a data breach. On January 9, 2019, Yahoo! Agreed to pay a total of $29 million to its shareholders to settle a lawsuit against several former directors and officers alleging that their poor management of the company led to the data breaches which substantially impacted the company’s value.

Illinois: Land of 12 Million Biometric Privacy Regulators

The Supreme Court of Illinois recently held that every Illinois citizen has a private right of action to enforce violations of the Illinois Biometric Information Privacy Act (“BIPA”) without alleging or showing actual harm. Businesses collecting, using and storing the biometric data of Illinois consumers take notice:  there are over 12 million regulators with the power to enforce this law against you. But don’t worry too much, the state’s high court promises that “Compliance should not be difficult.”

Texas Businesses Must Implement and Maintain Reasonable Cybersecurity Safeguards According to State Attorney General

Texas law requires businesses to implement and maintain reasonable cybersecurity, which they should do so with a written program for managing cyber risk and protecting sensitive customer information. This warning came from the state’s Attorney General following his office’s $1.5 Million settlement with Neiman Marcus over its 2013 data breach.

Cyber Hygiene Checklist

“[T]he relevant inquiry here is a cost-benefit analysis, that considers a number of relevant factors, including the probability and expected size of reasonably unavoidable harms to consumers given a certain level of cybersecurity and the costs to consumers that would arise from investment in stronger cybersecurity.”
– FTC v. Wyndham, (3rd Cir. Aug. 24, 2015)

Pennsylvania Employers Have a Duty to Safeguard Employees’ Data, Says High Court

Late last year, the Supreme Court of Pennsylvania ruled that employers have a legal duty to safeguard employee’s sensitive personal information stored on an internet-accessible computer system and that the state’s economic loss doctrine allowed the plaintiffs in Dittman to recover for purely monetary damages. 

Missouri Low-Income Housing Tax Credit Outlook – 2019 Legislative Update

The Missouri Housing Development Commission Board (“MHDC Board”) failed to authorize state low-income housing tax credits (“MO LIHTC”) in 2018 due in large part to the political position and maneuverings of former Missouri Governor Eric Greitens.  The MHDC Board is composed of the Governor, Lt. Governor, Treasurer, Attorney General, and six commissioners appointed by the Governor.  For much of 2018 the MHDC Board lacked a quorum which led to the delay in issuing a Qualified Allocation Plan (“QAP”).  While current Missouri Governor Mike Parsons voted against not allocating MO LIHTC in 2018 he also acknowledged a position supporting reforms and has been consistent on that message though specifics have not been publicly provided.

Protect Your Company Against W-2 Business Email Compromise Attacks During Tax Season

The most likely “cyber attack” that your company will face will come in the form of an email. One of the most common forms of email attack is the business email compromise (BEC) and the most popular time of the year for the W-2 version of BEC is right now — tax season.

Cyber Incident Response Checklist

“Firms must adopt written policies to protect their clients’ private information . . . they need to anticipate potential cybersecurity events and have clear procedures in place rather than waiting to react once a breach occurs.”
– S.E.C. v. R.T. Jones Capital Equities Mgt.

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