Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. Aon Corp., …
10/4/23
By: Donald Patrick Eckler and Joshua W. Zhao
Is a statutory violation alone sufficient to satisfy the “injury in fact” requirement of standing outside the context of the Illinois Biometric Information Privacy Act (BIPA)? The Illinois Supreme Court will take …
We Do Not Negotiate With Terrorists – How Several States are Prohibiting Ransomware Payments
9/28/23
In 2022 in the United States, 106 local governments, 44 universities and colleges, 45 school districts operating 1,981 schools, and 25 healthcare providers operating 290 hospitals, disclosed they were victimized by ransomware attacks. In recent years, …
Summer Cyber & Privacy Round-Up
8/24/23
By: Nicholas Jajko
2023 has been a busy year for data privacy regulation, with the passage of privacy laws in six new states (Indiana, Iowa, Montana, Oregon, Tennessee, and Texas). Other developments are also worth spotlighting for current and prospective …
Eleventh Circuit holds one text message sufficient to establish standing in robocall case
8/21/23
By: Matthew N. Foree
Article III of the Constitution limits federal-court jurisdiction to actual cases or controversies. Generally, for there to be a case or controversy capable of resolution, the plaintiff must have a personal stake in the case, or …
5/30/23
By: Julia Bover
There is no denying that social media is top of mind for most of our nation’s youth. If they are not scrolling through the endless feeds, then they are thinking about the next time they will be. …
5/9/23
In a closely watched case of first impression, a New Jersey appeals court panel held on Monday that a “hostile/warlike action” exclusion contained in an “all risks” property insurance policy does not bar coverage for nearly …
We’re Gonna Need a Bigger Boat – The Rise of AI-Enhanced Phishing Attacks
4/19/23
By Curt Graham
While hard at work, an unexpected email arrives with an urgent request: “This is your boss. I lost my company credit card and I need you to send me your card information immediately.” By now, most of …
The Next BIPA?: Why Insurance Claim Professionals Should Pay Attention to GIPA
3/27/23
By Joseph Tripoli and Jonathan Schwartz
Earlier this month, Amazon was sued in Illinois state court by current and former employees who claim the company unlawfully requested and obtained their family medical histories during the job application process in violation …
Real Estate Company Agrees to Settle Robocall Class Action for $40 Million
3/16/23
The days of large robocall class action settlements are not over. Keller Williams Realty, Inc. (“Keller Williams“) recently sought approval to settle a class action lawsuit alleging violations of the Telephone Consumer Protection Act …
Illinois Supreme Court Find BIPA Claims Accrue Upon Each Scan and/or Disclosure
2/23/23
By Pat Eckler, Amy Frantz, Glenn Klinger, Michael Sanders, and Jonathan Schwartz
The long-awaited decision from the Illinois Supreme Court on how claims accrue under Subsections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act, …
CHATGPT AND COVERAGE B: What Copyright Liability Exposures Could AI Users Face?
2/9/23
By Alexia R. Roney and Matthew F. Boyer
Previously, we introduced you to ChatGPT and the concept of an AI Chatbot application here. This week, we discuss the legal exposure that comes hand-in-hand with the internet – copyright infringement, …