Last week, the D.C. Circuit joined an increasing number of federal courts applying a broad interpretation of the degree of harm required to satisfy Article III standing and expanding the holding of last summer’s Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016).
Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017).
The Ninth Circuit recently issued a decision that increases the level of antitrust risk exposure faced by companies.
Last week, the Ninth Circuit deepened the divide among the Circuits regarding ascertainability in class certification. In Briseno v. ConAgra Foods, Inc., 2017 U.S. App. Lexis 20 (9th Cir. Jan. 3, 2017), the Ninth Circuit rejected the Third Circuit’s line of authority (see Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013) and Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)) which requires plaintiffs’ counsel to show ascertainability by demonstrating an administratively feasible and reliable method to determine class membership at the class certification stage.
On September 28, 2016, Ohio foreclosure reform takes effect following the enactment of House Bill 390 (HB 390). The changes created by HB 390 will impact the foreclosure of both residential and commercial properties. While Ohio foreclosure reform will undoubtedly cause county courts across the state to make revisions to their local foreclosure procedures and rules, the new law provides long overdue uniformity for foreclosing judgment creditors. Furthermore, the modernization of Ohio’s sheriff foreclosure sales, including the implementation of online sales, finally ushers the Ohio foreclosure process into the 21st century. Additionally, the new law expedites the foreclosure of vacant and abandoned residential properties—a positive step in favor of community revitalization efforts to fight against community blight and prevent the existence of “zombie homes.”
Ohio’s Department of Commerce is ramping up efforts to begin the state’s medical marijuana program. Standards and licensing procedures for cultivators, laboratories, dispensaries and others will be set up over the next year, and the program must be fully up and running by the summer of 2018. But at the same time, the federal Drug Enforcement Agency (“DEA”) is doubling down on the marijuana ban, keeping the drug listed alongside heroin as a top-level controlled substance.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
An exploding craft beer industry has led to an uptick in lawsuits about beer names and labels. Craft beer lovers do not always appreciate the lawsuits. But what do the federal courts think about them?
The Sixth Circuit shook up copyright law – and had some fun with it – in the recent decision Varsity Brands, Inc. v. Star Athletica, with reasoning that hinged on an unusual proposition: “[a] plain white cheerleading top and plain white skirt still cover the body and permit the wearer to cheer, jump, kick, and flip.” (No. 14-5237, 2015 U.S. App. LEXIS 14522, *51 (6th Cir. Aug. 19, 2015).) The decision, which found a protectable copyright in stripes, chevrons and patterns on uniforms, stood conventional wisdom on its head, flipped the usual script of copyright analysis, and gave new cheer to fashion designers, who are typically shut out from copyright protection.
Last week the Seventh Circuit reinstated the Neiman Marcus data breach class action, holding that plaintiffs had satisfied Article III’s standing requirements based on at least some of the injuries they alleged. In doing so, the Seventh Circuit became the first federal court of appeals to rule on a challenge to the standing of purported data breach victims in light of the Supreme Court’s decision in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), and diverged from the growing majority of federal district courts that have held similar allegations are insufficient to confer standing.
- Class Action Litigation
- Cybersecurity and Privacy Law
- Data Breach
- Securities Law
- Supreme Court
- Intellectual Property
- Social Media
- Trademark Litigation
- Sixth Circuit
- Initial Coin Offering
- Federal Rules of Civil Procedure
- Bet-the-Company Litigation
- E-Discovery Case Law
- Electronic Data Discovery
- Employment Law
- Workplace Accommodations
- Employer Policies
- General Data Protection Regulation
- Labor & Employment Law
- Labor Law
- Securities Litigation
- Stock Drop
- Drug Enforcement Agency
- Medical Marijuana
- Ohio Foreclosure Reform
- Craft Brewing
- Cybersecurity Regulation
- Copyright Law
- Seventh Circuit
- Electronically Stored Information
- Environmental Law
- Fair Housing Act
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Religion Discrimination
- Americans with Disabilities Act
- Cyber Insurance
- Receivership Statute
- Business Process Improvement
- Employment Litigation
- Employer Handbook
- Employer Rules
- National Labor Relations Act
- National Labor Relations Board
- E-Discovery Project Plan
- Predictive Coding
- TAR ( Technology Assisted Review)
- Quality Representation
- Land Use & Zoning
- Statute of Limitations
- Construction Litigation
- Federal Rule
- Questioning the Questionnaires: New PPP-Related Litigation Raises Issues for Borrowers
- "You Don't Have to Go Home But You Can't Stay Here": Updates to Ohio and Kentucky’s COVID-19 Orders Impacting Bars & Restaurants
- Kentucky Restaurants Begin Opening with Limited Capacity Amid COVID-19 Epidemic
- Ohio Restaurants and Bars Begin Soft Openings for Diners Amid COVID-19 Epidemic
- Supreme Court Sidesteps “Cy Pres” Challenge
- Golfers, New and Old - Be Careful!
- "Aloha Poke": Social Media and Consumer Perception are Part of the Trademark Enforcement Equation
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know
- Rapid SEC Action Against AriseBank Reveals New Playbook For Allegedly Fraudulent ICOs
- Giga Watt ICO Faces Tezos-like Securities Litigation Challenge