Seyfarth Synopsis: In 2022, the Third Circuit Court of Appeals revived a class action lawsuit asserting violations of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”). The lawsuit alleged that an online retailer and its marketing agency violated WESCA by tracking visitors’ activity on the website through the use of session replay code. Following
Despite its enactment in 2008, the Illinois Biometric Information Privacy Act’s (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six Flags in 2019 (standing) and McDonald v. Symphony in 2022 (workers’ compensation), and the recent $228 million jury verdict against BNSF
Seyfarth’s Commercial Litigation practice group is pleased to provide the third annual installment the Commercial Litigation Outlook, where our nationally-recognized team provides insights about litigation issues and trends to expect in 2023.
The continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023. We expect an uneven
Over the term of this Administration, the DOJ and FTC have taken aggressive and novel antitrust positions as it relates to the labor market, launching broad investigations and criminal and civil prosecutions against companies and their employees for alleged labor market allocations, misuse of non-compete and non-solicitation provisions, and wage fixing. The State Attorney General
Over the past year, a barrage of class action lawsuits asserting violations of the Video Privacy Protection Act (“VPPA”)—a vintage Reagan-era federal consumer privacy law—has shed light on potential liability facing companies that embed video content onto company websites and simultaneously collect and share consumer viewing data in the course of marketing analytics.
The VPPA
A federal judge has dismissed a class action lawsuit that challenged the Washington Long-Term Cares Act (“Cares Act”), ruling that because the Cares Act is not established or maintained by an employer and/or employee organization, it is not an employee benefit plan and therefore not governed or preempted by ERISA. The Court also held that
Seyfarth Synopsis: The Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, et al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for statutory damages against an employer under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the exclusivity provisions of the Illinois Workers’ Compensation
On November 9, 2021, the Oklahoma Supreme Court in State ex rel. Hunter v. Johnson & Johnson, No. 118474, 2021 WL 5191372 (Okla., Nov. 9, 2021), overturned a $465 million verdict against opioid manufacturer, Johnson & Johnson (“J&J”). In the 5-1 decision, the court held that the district court erred in holding J&J liable
Requests for the inspection of books and records pursuant to Section 220 of the Delaware General
Corporation Law is an important part of corporate litigation in Delaware. One important issue for these types of proceedings is the scope of documents that these types of requests can reach, particularly when it comes to privileged documents and
On Thursday April 15th, the U.S. Department of Justice, on behalf of the Federal Trade Commission
(“FTC”) filed a lawsuit in the U.S. District Court for the Eastern District of Missouri against chiropractor Eric A. Nepute and his company Quickwork LLC (the “Defendants”) for violating the new COVID-19 Consumer Protection Act. In the complaint, the