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 … [Read more] about Supreme Court to Decide Whether Mental and Emotional Injuries Are “Actual Damages” in Privacy Act Violations
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 … [Read more] about New FFIEC Guidance on Internet Banking Authentication
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 … [Read more] about Bench Opinion – Experi-Metal, Inc. v. Comerica Bank
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 … [Read more] about States Consider Limiting Employers’ Use of Credit History in Employment Decisions
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 … [Read more] about Supreme Court Strikes Down Vermont Data Privacy Law under the First Amendment