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On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the Illinois Biometric Information Privacy Act (“BIPA”)? According to the Supreme...

On February 1, 2023, the parties completed briefing on the Consumer Financial Protection Bureau’s (“CFPB”) petition for writ of certiorari to the U.S. Supreme Court in the case of Consumer Financial Services Association of America, Limited, v. Consumer Financial Protection Bureau (“ CFSA”). The CFPB...

In Bureau of Consumer Financial Protection v. Townstone Financial, Inc ., the Consumer Financial Protection Bureau (“CFPB”) brought suit against Townstone, a mortgage broker/lender, and its co-founder and chief executive, Barry Sturner (“Sturner”) for alleged violations of the Equal Credit...

On November 9, 2022, the New York Department of Financial Services (“NYDFS”) published proposed amendments (the “Proposed Amendments”) to its Cybersecurity Regulations (23 NYCRR 500), commonly referred to as Reg. 500. The comment period for these Proposed Amendments ends on January 9, 2023...

Class Action Lawsuits Stemming From Use of Session Replay Software Are on the Rise In an effort to enhance customer experience, many businesses and institutions have their public-facing websites collect information with the use of cookies, web beacons, chat bots, and/or “session replay” software...

October was National Cybersecurity Month. As part of its ongoing focus on HIPAA Security Rule awareness and compliance, the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), published its HIPAA Security Rule Incident Procedures newsletter (the “Newsletter”)...

This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...

This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...

The Consumer Financial Protection Bureau (“CFPB”) is grappling with determining the most effective means of regulating the buy now pay later industry. BNPL allows a consumer to obtain a product or services immediately at the time of purchase and to make installment payments on the purchase over time...

It is not a good thing for a litigant when an esteemed United States District Judge begins a decision with a statement such as the following: As the court has repeatedly told defendants … this case has generated more meritorious motions to compel and for sanctions against defendants for failure to...

The close of California’s legislative session on August 31 without amending the California Consumer Privacy Act (“CCPA”) means that CCPA will soon apply to personal information that many businesses process concerning their employees, contractors, and applicants. CCPA had been amended in November of...

A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third Circuit weighed in on this issue, suggesting that companies can indeed be...

This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...

The California Attorney General began exercising enforcement authority under the CCPA on January 1, 2020. Among the CCPA’s enumerated rights for consumers, the cornerstone of the CCPA, is the right to opt out of the collection of personal information. In Sephora’s case, the Attorney General...

On July 15, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced the resolution of eleven investigations as part of its Health Insurance Portability and Accountability Act (HIPAA) Right of Access Initiative (the "Initiative"). OCR created...

This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...

On June 29, 2022, the U.S. Department of Health and Human Services Office for Civil Rights released two guidance documents addressing (1) disclosures under the HIPAA Privacy Rule relating to reproductive health care (“Disclosure Guidance”), and (2) the privacy and security of reproductive health...

This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...

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