• Archives

  • The Seventh Circuit Allows Data Breach Class Action Plaintiffs to Breach the Barriers to the Court

    Until now, the majority of courts around the Country have dismissed data breach plaintiff class actions based on lack of standing because such plaintiff’s injuries were too speculative.  On July 20, 2015, the Seventh Circuit, in Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814 (7th Cir. July 20, 2015), reversed the Federal […]

    The Department of Labor Proposes to Extend Overtime Pay to Nearly 5 Million Workers

    Last month, the Department of Labor (“DOL”) released a proposal that would more than double the salary threshold that determines which workers are eligible for time-and-a-half pay when working more than 40 hours in a week. The proposal would guarantee overtime pay to most salaried workers earning less than an estimated $50,440 next year. The […]

    Cheaters Beware! Extramarital Affair Website Ashley Madison Has Been Hacked.

    In yet another cyber-attack, extramarital-affair website, Ashley Madison whose slogan is “Life is short. Have an affair,” was hacked and the attackers are threatening to leak the compromised data online, unless their demands are met. The controversial website was founded in 2001 and has approximately 37 million members who use the site to find partners […]

    AT&T Was Right in Banning Employee “Prisoner” T-shirts

    The U.S. Court of Appeals for the District of Columbia recently ruled that AT&T had a right to forbid its employees, when interacting with the public, from wearing t-shirts that the company reasonably believed could harm its relationship with customers or its public image. In Southern New England Telephone Co. v. Nat’l Labor Relations Board, […]

    Another Day, Another Data Breach – Could You Be Next?

    The University of California, Los Angeles (“UCLA”) Health has been the latest victim of a cyber-attack at a time when cybercriminals are targeting just about everyone. Recently, hackers broke into UCLA Health System’s computer network and may have accessed sensitive information that could affect up to 4.5 million patients. UCLA is unsure of what, if […]

    Until Death Do Us Part? Magistrate Judge Holds that Corporate Attorney-Client Privilege Dies with the Corporation

    For individuals, the attorney-client privilege is one of the most important aspects of the attorney-client relationship. It is clear that this privilege survives after a person’s death because he/she will be more willing to have honest discussions with his/her lawyer knowing that what is said can be taken to the grave. People are generally concerned […]

    Federal Court in Utah Finds No Duty to Defend Under Cyber Insurance Policy

    Cybersecurity has become a very hot topic with more and more reports of cyber-attacks on U.S. companies and governmental agencies. In one of the first cases to discuss cyber insurance coverage, Travelers v. Federal Recovery Services Inc.,[1] the U.S. District Court for the District of Utah ruled a “CyberFirst Policy” issued by Travelers does not […]

    Employers Can be Liable For Acts of Anonymous Harassers

    A recent federal court case emphasized an important lesson for all companies to consider: employers are under an obligation to investigate employee complaints of a hostile work environment even if the identity of the harasser is unknown. Failure to investigate all good faith complaints of harassment can result in serious liability for the employer. In […]

    New California Law Recognizes Cheerleaders as Employees Not Independent Contractors

    Amid recent review of employees being misclassified as independent contractors, which may not entitle them to overtime, sick days and other protections, California governor Jerry Brown signed a bill into law requiring that any cheerleader who works for a professional sports team in the state receive minimum wage and other benefits. The bill, AB 202, […]

    Second Circuit Adopts a New Test to Determine Whether Unpaid Interns Should be Classified as Employees

    Earlier this month, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued a new test for determining whether interns must be classified and paid like “employees,” as that term is defined in the Fair Labor Standards Act (“FLSA”). The court rejected the test established by the U.S. Department of Labor (“DOL”), and […]