Showing Posts In "Legal Issues" Category

Bill Helping More Clear Crime Records Heads to NC Governor

The North Carolina General Assembly recently finalized bipartisan legislation that will allow more people to get their criminal records cleared of lower-level criminal convictions and dismissed charges. The “Second Chance Act” was given unanimous approval by the Senate, building upon recent expunction laws that allow people who committed crimes due to youthful indiscretions to eliminate […]

The FTC Published Guidelines on Artificial Intelligence and Algorithms

Five key elements are highlighted in guidelines recently released by the Federal Trade Commission (FTC) on the use of artificial intelligence (AI) and algorithms. The guidelines emphasize the potential benefits of AI on welfare and productivity but refers to the risks that may occur alongside it. The elements that are discussed in the guidelines include: […]

Eleventh Circuit Rules That Scraping Publicly Available Data May Constitute Trade Secret Misappropriation

The Eleventh Circuit recently overturned a magistrate’s conclusion that the public availability of information the defendants scraped from a website precluded a claim for trade secret misappropriation under Florida’s Uniform Trade Secrets Act. In Compulife Software v. Newman, No. 18-12004 (11th Cir. May 20, 2020), the Court found that not all varieties of misappropriation based […]

Ninth Circuit Rejects “Novel” FCRA Standalone Theory

The Ninth Circuit recently rejected a former employee’s argument that his employer violated the Fair Credit Reporting Act (FCRA) when it provided the consumer report disclosure with other application materials. The plaintiff in Luna v. Hansen & Adkins Auto Transport, Inc. brought the class-action lawsuit, claiming that his former employer 1. Provided the disclosure simultaneously […]

Employer Did Not Violate FCRA By Providing Disclosure Along with Other Materials

Putative class action Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) was brought to court when employee Leonard Luna alleged violation of the Fair Credit Reporting Act (FCRA). Luna claimed his former employer provided him a FCRA disclosure statement simultaneously with other employment materials and had failed to provide […]

Californians for Consumer Privacy Introduces California Privacy Rights Act for November 2020 Ballot

In May, Californians for Consumer Privacy announced that it had collected more than 900,000 signatures to qualify the California Privacy Rights Act (CPRA) for the November 2020 ballot. The CPRA would amend the California Consumer Privacy Act of 2018 to create new and additional privacy rights and obligations in the state, including sensitive personal information, […]

California Attorney General Submits CCPA Proposed Regulations to Office of Administrative Law

If approved by the California Office of Administrative Law (OAL), businesses in California will have little to no notice before the Office of California Attorney General’s California Consumer Privacy Act (CCPA) regulations become effective. The OAL’s typical 30-day review period has been extended by 60 calendar days under an executive order related to the COVID-19 […]

Inaccurate Background Reports Concerning Job Applicants May Give Rise to Employer Liability under FCRA

A trial court’s order for summary judgment has been reversed by the Missouri Court of Appeals in favor of an employer for lack of standing in a case brought under the Fair Credit Reporting Act (FCRA). The employer in Courtright, et al. v. O’Reilly Automotive withheld an offer for employment based on inaccurate information obtained […]

Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions

Following two recent Ninth Circuit decisions involving Fair Credit Reporting Act (FCRA) background check decisions, employers should consider reviewing their background check disclosure and authorization forms and online screenings to ensure there is no surplus or extraneous language in the disclosure and the disclosure is clear and conspicuous. In Walker v. Fred Meyer, Inc., No. […]

Seventh Circuit Weighs in on Article III Standing for Violations of the Illinois Biometric Information Privacy Act

The Seventh Circuit ruled last week in Bryant v. Compass Group USA, Inc., that alleging a defendant failed to comply with prior notice and consent requirements under Section 15(b) of the Illinois Biometric Information Privacy Act (BIPA) is sufficient to confer Article III standing, even without any further alleged harm. Illinois is one of few […]

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