On the same day the United States Supreme Court handed down its landmark decision in Wal-Mart Stores, Inc. v. Dukes, the Court also granted certiorari in FAA v. Cooper, a case coming out of the Ninth Circuit with a potentially significant effect on privacy law. In Cooper, the Court will attempt to resolve a split […]
New FFIEC Guidance on Internet Banking Authentication
On June 28, 2011, the Federal Financial Institutions Examination Council (“FFIEC”) updated their 2005 guidance, Authentication in an Internet Banking Environment (October 12, 2005) (the “Original Guidance”), on authentication for Internet banking. Titled the ” Supplement to Authentication in an Internet Banking Environment” (the “Supplemental Guidance”), the Supplement Guidance sets forth common issues that, beginning […]
Bench Opinion – Experi-Metal, Inc. v. Comerica Bank
On June 13, 2011, the United States District Court for the Eastern District of Michigan in Experi-Metal, Inc. v. Comerica Bank, No. 09-14890 (E.D. Mich. June 13, 2011) held Comerica Bank liable for unrecovered funds fraudulently transferred from Experi-Metal’s accounts via the bank’s online wire transfer service. The court found that the bank did not […]
States Consider Limiting Employers’ Use of Credit History in Employment Decisions
Employee privacy rights may soon be bolstered around the nation. Recently, lawmakers in almost half of the states have proposed or approved restrictions on an employer’s use of the credit history of applicants and employees when making employment decisions. Until 2007, employers in every state could lawfully assess an individual’s credit information when making employment […]
Supreme Court Strikes Down Vermont Data Privacy Law under the First Amendment
Sorrell v. IMS Health, 564 U.S. __ (June 23, 2011). In a 6-3 decision written by Justice Kennedy, the Supreme Court affirmed the conclusion of the Second Circuit that Vermont’s law that restricts the sale, disclosure and use of pharmacy records containing prescriber-identifying information violates the First Amendment. The Vermont statute prohibits pharmacies, health insurers […]