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Buckley LLP | USA | 14 May 2021

2nd Circuit affirms borrower standing in mortgage recordation delay suit

On May 10, the U.S. Court of Appeals for the Second Circuit determined that class members have constitutional standing to sue a National Bank for…

Troutman Pepper | USA | 13 May 2021

Second Circuit Clarifies Article III Standing Threshold for Data Breach Class Actions

The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr…

Patterson Belknap Webb & Tyler LLP | USA | 12 May 2021

Second Circuit Affirms Dismissal of Class Action Based on Claimed “Increased Risk” of Harm

Is there standing to bring a lawsuit when an employee’s personal information is mistakenly circulated to all employees at the company? A recent…

Patterson Belknap Webb & Tyler LLP | USA | 11 May 2021

Second Circuit Joins Majority On Circuit Split, Finding Attempted Hobbs Act Robbery Qualifies As Crime of Violence under Section 924(c)

In United States v. McCoy (Kearse, Parker, Sullivan), the Second Circuit held that attempt to commit Hobbs Act robbery qualifies as a crime of…

Seyfarth Shaw LLP | USA | 10 May 2021

Second Circuit: Mere Allegation Of Willfulness Not Enough To Invoke Three-Year Statute Of Limitations

In Whiteside v. Hover-Davis, Inc., the Second Circuit upheld the dismissal of an FLSA claim…

Venable LLP | USA | 6 May 2021

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Not Fair Use

In a case involving Andy Warhol’s works known as the “Prince Series,” the U.S. Court of Appeals for the Second Circuit reined in the fair-use defense…

Ford & Harrison LLP | USA | 6 May 2021

Second Circuit Panel Adopts Seemingly Heightened Pleading Standard for Willfulness in FLSA Overtime Cases

Executive Summary: On April 27, 2021, a sharply divided panel of the U.S. Court of Appeals for the Second Circuit, covering New York, Vermont, and…

DLA Piper | USA | 3 May 2021

Second Circuit sets standing threshold for data-breach class actions

Last week, the Second Circuit in McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310, weighed in on whether data-breach plaintiffs can establish…

Haynes and Boone LLP | USA | 3 May 2021

Federal Courts of Appeals Paring Down Transformative Use: Two Recent Copyright Fair Use Decisions (Not Named Google v. Oracle)

Although the Supreme Court’s decision in Google v. Oracle may be commanding most of the spotlight these days, it is not the only recent decision…

Buckley LLP | USA | 30 Apr 2021

2nd Circuit: No standing if PII is uncompromised

On April 26, the U.S. Court of Appeals for the Second Circuit affirmed a district court's dismissal of a proposed class action settlement, concluding…
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