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Did You See That? Defeating Class Certification Where Class Members Did Not See the Challenged Advertisement

USA - April 20 2021 In putative class actions alleging false advertising, plaintiffs often argue that class certification is appropriate because the language being…

Michael D. Schwartz.

Forensic Analysis and Privilege in the Wake of a Data Breach

USA - March 24 2021 In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The…

Alejandro H. Cruz, Michael F. Buchanan, Peter A. Nelson.

American Rescue Plan: FFCRA Leave and Expansion of Pandemic Unemployment Assistance

USA - March 22 2021 The American Rescue Plan Act of 2021 ("ARPA"), signed by President Biden on March 11, 2021, once again gives covered employers the right to…

Catherine A. Williams, Douglas L. Tang, Lisa E. Cleary.

Win for Walmart as District Court Gives Strict Reading to CCPA

USA - March 18 2021 In a win for data privacy defendants, Walmart secured a ruling that favors a narrow interpretation of the California Consumer Privacy Act (CCPA). In…

Lauren E. Richardson, Michael F. Buchanan.

Judge Finds No Article III Standing in Proposed Class Action Against Marriott

USA - March 11 2021 The question of standing has proven to be a tricky one in data breach litigation. (See our prior coverage here and here). Last week a federal district…